Do I qualify for SMP? Ask the expert



I need the form SMP1 so I can claim Maternity Allowance. I have asked my employer who at first said that I don’t get the form from them. Then they said I may qualify for SMP but only if I come back after maternity leave. Is that so? I have worked 22 weeks for my employer since I was 10 weeks pregnant.

You will qualify for SMP as long as you were still employed at the 15th week before Estimated Week of Confinement.  It does not matter if you resign after this point or decide not to return as the employer is still responsible.

If you are having difficulty with your employer you will need to contact your local Department of Work and Pensions office who administer maternity benefits for advice.



2 comments

  1. Anonymous says:
    05/11/2012 at 12:00 am  

    If I am starting employment with a new company but I am planning to have a baby. When should I plan, providing I qualify for the SMP?

    Editor: To qualify for SMP see https://www.gov.uk/statutory-maternity-pay/eligibility 

  2. Anonymous says:
    17/01/2014 at 12:00 am  

    i have always worked and had two jobs. I lost my full-time job in September and still had a cleaning job paying £70.00 a week. I cannot live off 90 percent of that earning – he thinks he can pay me smp. Is there a top up or is he wrong and i can claim maternity allowance?

    Editor: To qualify for SMP you need to have been earning an average of £109 a week in the eight weeks leading up to the 26th week of your pregnancy. Otherwise you can claim Maternity Allowance, but this is £136.78 or 90% of your average weekly earnings, whichever is lower – see https://www.gov.uk/maternity-allowance/what-youll-get. Check with http://www.turn2us.org.uk to see if there are any other benefits or grants you can claim.

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