SMP - is there a cut off for claiming...?

[newmomma]

Hi,

I have been wrangling with my boss for quite a while to get my SMP approved.

I have finally got to the bottom of the problem (my maternity leave started on the 25th February and he's not paid me anything yet), but have discovered that my boss is on holiday for a long while.

I can submit my amended MATB1 form - the problem was originally it had my wrong due date on it - but he'll be away to authorise this months pay date (28th April).

I'm just worried that there is a cut off for claiming SMP and that's why he's dragging it out, so that I miss the date and can't claim...

I've spoken to the Statutory Payments Disputes Team (HMRC) who said that I can start ML from the 21st February (11 weeks before EDD of 17th May) and that I have until the 13th week after my maternity period starts to claim which is the 15th May.

The ladies english was very poor and I really struggled to understand - is there anyone out there who can help me decide if I'm going to miss a 'claim-by' date?

bump...

anyone?

think i may be running out of time as we speak...

I imagine she's referring to the deadline for your employer to claim back from them SMP they've paid you. You don't claim SMP from HMRC, your employer does, so you just need to do all you have to in order to claim it from your employer. Have a read here, I imagine the problem will be the bit about 'providing medical evidence', which you will see needs to be provided no later than 3 weeks after your SMP is supposed to start.

You need the Disputes team if/when your employer refuses to pay it you, which hasn't happened yet by all acccounts. If your employer refuses it on the grounds that the medical evidence required wasn't provided in time, you will need to appeal that on the basis that you (presumably) did provide the MATB1 in time but it was incorrect through no fault of your own. Speak to the HMRC disputes team once you have a refusal from your employer.