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Statutory Maternity Pay
To help you to take time off work both before and after your baby is born, you may be able to get Statutory Maternity Pay (SMP), a weekly payment from your employer.
Who is eligible?
To qualify for Statutory Maternity Pay you must have been:
- employed by the same employer continuously (some breaks do not interrupt continuous employment) for at least 26 weeks into the 15th week before the week your baby is due; and
- earning an average of at least £90 a week (before tax)
If you can't get Statutory Maternity Pay, (from any of your employers if you have more than one) you may be able to get Maternity Allowance instead.
If you don't qualify for Statutory Maternity Pay or Maternity Allowance, you may be able to get Incapacity Benefit instead. If you or your partner or civil partner are claiming benefits or tax credits you may be able to get a Sure Start Maternity Grant.
How much do you get?
Statutory Maternity Pay is paid for a maximum period of 39 weeks. It is paid:
- at 90 per cent of your average gross weekly earnings with no upper limit for the first six weeks; and
- for the remaining 33 weeks at either the standard rate of £117.18 or 90 per cent of your average gross weekly earnings (if this 90 per cent rate is less than the standard rate).
How it's paid
Your employer will usually pay you Statutory Maternity Pay in the same way and at the same time as your normal wages.
Maternity Pay is treated as normal pay so your employer will also deduct tax and National Insurance as usual.
How and when to claim
To claim Statutory Maternity Pay you must tell your employer at least 28 days before the date you want to start your Statutory Maternity Pay. Your employer may need you to tell them in writing.
You can change your mind about the date you want to start your Statutory Maternity Pay but you must still give your employer at least 28 days' notice of the new date.
You must also give your employer medical evidence of when your baby's due. This is normally on the maternity certificate, form MATB1, that your doctor or midwife will issue no earlier than 20 weeks before your baby is due.
How to appeal
If your employer cannot pay you Statutory Maternity Pay
If your employer can't pay you Statutory Maternity Pay they will give you form SMP1 that explains why. Your employer must also give you back the maternity certificate you have given them.
If you believe your employers decision not to pay SMP to you is wrong, or that you are not getting the correct amount, then you should contact HM Revenue and Customs (Statutory Payments Disputes team) on 0191 225 5221. They make decisions on SMP where the employer and employee cannot agree.
If you want to claim Maternity Allowance you'll need to send form SMP1 to your nearest Jobcentre Plus office with your Maternity Allowance claim form.
What else you need to know
The earliest SMP can start is from the 11th week before the week your baby's due (unless your baby is born before this) and the latest from the day following the birth.
Even if you don't intend to return to work, you can still get Statutory Maternity Pay. You don't have to repay it if you decide to not return to work.
If you continue to work into the 11 weeks before the baby is due you can choose when you start getting your Statutory Maternity Pay. You do not have to be physically at work to retain this choice – you might be off sick for example. SMP will start from any day you chose once you have stopped work to have your baby which means your SMP will start from the first day of your maternity leave.
If you have more than one job, you may be able to get Statutory Maternity Pay from each employer.
You may work for the employer paying you SMP for up to 10 days without losing SMP. Once you have used your 10 days and you do further work for that employer, you will lose SMP for each week in your Maternity Pay Period in which you do that work. If, after the baby is born, you work for any employer who did not employ you in the 15th week before the week your baby was due, you must tell the employer paying SMP to you about this work and your SMP will stop.
More information about Maternity Benefits can be found in leaflet NI 17A 'A Guide to Maternity Benefits'
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