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Maternity pay

12 replies

shilan · 25/07/2022 22:16

Hi everyone,

How can I find out if my employer has applied for my SMP?

Thank you

OP posts:
pastabest · 25/07/2022 22:18

Ask them?

have you any reason to think they haven't? Did you give them your MatB1 at the correct time?

Youcancallmeirrelevant · 25/07/2022 22:18

You should have submitted your matb1 form and got something from HR confirming maternity dates and pay in writing

shilan · 25/07/2022 22:20

Youcancallmeirrelevant · 25/07/2022 22:18

You should have submitted your matb1 form and got something from HR confirming maternity dates and pay in writing

I have and they did. The only thing is because they are not that reliable, I want to check it myself.

OP posts:
shilan · 25/07/2022 22:21

pastabest · 25/07/2022 22:18

Ask them?

have you any reason to think they haven't? Did you give them your MatB1 at the correct time?

I did. The thing is they are not reliable and I want to see if there is a way for me to check it myself.

OP posts:
december212 · 25/07/2022 22:23

Are you receiving statutory matenity pay? If that is the case, the employer pays you and then reclaims it from the government. They don't need to claim upfront. They will pay it in line with the schedule they have provided you with.

shilan · 25/07/2022 22:26

december212 · 25/07/2022 22:23

Are you receiving statutory matenity pay? If that is the case, the employer pays you and then reclaims it from the government. They don't need to claim upfront. They will pay it in line with the schedule they have provided you with.

I thought SMP comes directly from government. So you are saying they don't need to refer me or sth. They just pay me and claim from the government. Am I understanding you well? If yes, what if they don't pay me and don't clam it from the government? What can I do?

OP posts:
RoseslnTheHospital · 25/07/2022 22:29

SMP is paid by your employer and they claim it back from the govt as the PP has said.

It's a legal requirement to pay you the statutory minimum mat pay (if you qualify, which you do) so if they don't pay you then you can tell your HR contact that they are breaking the law. Unless they are a truly dodgy company that should get their act together quickly.

shilan · 25/07/2022 22:31

RoseslnTheHospital · 25/07/2022 22:29

SMP is paid by your employer and they claim it back from the govt as the PP has said.

It's a legal requirement to pay you the statutory minimum mat pay (if you qualify, which you do) so if they don't pay you then you can tell your HR contact that they are breaking the law. Unless they are a truly dodgy company that should get their act together quickly.

The problem is they are very dodgy and I just want to avoid any problems. Is there any way for me to find out what I can do if they don't refer me/ pay me?

OP posts:
december212 · 25/07/2022 22:35

It's actually beneficial to them to pay you and claim it back. Small employers can reclaim 103% of the SMP so they gain that 3% (assuming they are a small employer).
Have they withheld your pay before?

RoseslnTheHospital · 25/07/2022 22:35

Have a look on the Maternity Action website here:

maternityaction.org.uk/advice/maternity-pay-questions/

Under the FAQs on this page it says:

What can I do if my employer does not pay SMP correctly?
If you think that your employer has made a mistake or your employer is not paying your SMP you should contact your employer and/or payroll department and ask them to look into it. If you cannot resolve it you should contact the HMRC Statutory Payments Disputes Team on 0300 322 9422, see Where to go for more help below.

shilan · 25/07/2022 22:37

december212 · 25/07/2022 22:35

It's actually beneficial to them to pay you and claim it back. Small employers can reclaim 103% of the SMP so they gain that 3% (assuming they are a small employer).
Have they withheld your pay before?

They haven't but as they seem to be financially struggling, I am kind of worried. I just need to do sth to make sure I receive my SMP.

OP posts:
shilan · 25/07/2022 22:38

RoseslnTheHospital · 25/07/2022 22:35

Have a look on the Maternity Action website here:

maternityaction.org.uk/advice/maternity-pay-questions/

Under the FAQs on this page it says:

What can I do if my employer does not pay SMP correctly?
If you think that your employer has made a mistake or your employer is not paying your SMP you should contact your employer and/or payroll department and ask them to look into it. If you cannot resolve it you should contact the HMRC Statutory Payments Disputes Team on 0300 322 9422, see Where to go for more help below.

Really good information.
Thank you

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