Am I due my SMP alongside my backdated pay after receiving a payrise?

[s02drd]

Seeking advice- anyone with HR experience (MAT pay)

I have been on Mat leave since the end of May and before then had 4 weeks holiday off to commence my leave earlier. I received an email afew weeks ago that we have all been awarded a 10% pay rise that will be backdated to April 1st and would be payed into our November pay.
I have been on statutory pay since September and when I received my payslip was so confused.
I have received back pay from April-end of May.. then company pay and then statutory all of which amount to slightly less than what the statutory pay is.. am I correct in saying that all backdated pay should be In addition to the statutory pay? Because this seems it’s been used to make up most of my statutory amount?
Still waiting for a reply from HR at work but am I right in saying this or have I missed something?

What are the terms of your company pay?

You should get arrears of SMP for the first 6 weeks when you were on 90%. The rest is dependent on your occupational (company) mat pay.

You’d have a month of back pay (difference between what you were paid and the increased amount) and then your maternity pay for the weeks that are paid as a proportion of salary should be recalculated to use the higher pay as your salary for the purposes of calculating your smp. So you’ll probably get a top up payment and if you’re still getting enhanced mat pay it might go up a bit.

Thanks for your replies!
So we get 90% for 6 weeks then half normal pay for 12 weeks, then the remainder is SMP.
I can see on my payslip the backdated pay between April and end of May is there and correct and the difference of CMP and SMP from end of May to end of November is there
just presumed all of that would be in addition the the standard SMP payment of £700 odd instead of just receiving just the backdated pay.
Have been through the maternity leave policy and nothing about payrises but reading online it should be that I get the back pay in addition to the SMP I was due this month.

The 90%is based up your actual earnings over a six week period between 18 and 24 weeks pg, so unlikely to be include April anyway.

So are you saying that they've paid all your back pay correctly, but have not paid you for this month's SMP, so it's only the back pay on your payslip?

If that is the case then yes, they still owe you this month's SMP. Back pay is exactly that - they can't use that to offset their SMP liability.

Ours is based on the 8 weeks before maternity leave starts so luckily it does

yes back pay all Correct but no SMP for this month, thank you for this. This is what I thought but I worried there was a loop hole to not have to but I was under the impression that back pay must be paid in addition.
Thanks everyone for responses

It doesn’t matter. The alabaster ruling says that if you get a pay russ during may leave then your mat pay is recalculated to be based on the new higher pay. But you don’t get the back pay itself because you’re not earning that pay, you’re on mat pay.

so effectively you’re mat pay is recalculated as if you’d been on the higher rate during the calculation weeks.