Maternity rights and self-employment

Maternity leave

 

Maternity rights around self-employment is a complex area and growing more complex by the day as more and more women set up their own businesses, often on the side of other jobs.

The main concern is over maternity pay. Only employees are entitled to maternity leave and to claim Statutory Maternity Pay. If you are self employed – if you pay your own tax and National Insurance contributions, run your own business and can decide how and when you work – it is generally up to you to decide when to stop work and how much time to take off. However, there are some circumstances where women who are self-employed can qualify for Statutory Maternity Pay.

If you are a director of a limited company and are considered an employee of the company and have been working there for at least 26 weeks preceding the 15th week before your due date you can claim SMP.

As a director you still have rights as a shareholder to attend meetings and make and vote on company decisions during your maternity leave and you can qualify for 10 Keeping in Touch Days in order to keep your company running without losing SMP.

Otherwise you may qualify for MA, which is £140.98 a week for 39 weeks, compared to SMP which is generally six weeks at 90% of your salary and the following 33 weeks on £140.98. You can claim MA if you have worked for at least 26 of the 66 weeks before the expected week of childbirth, and you can find 13 weeks (not necessarily in a row) in which you earned over £30 per week on average.

It is best to choose the weeks in which you earned the most and you can add together earnings from more than job, with employed and self employed work both counting.

Two jobs

What if you are doing an employed job on the side of running your own business? You cannot claim SMP and MA at the same time and you can only make one claim for MA, although you can combine earnings from more than one job to qualify for MA. You can only get MA instead of SMP so you would need to claim SMP on your employed job, if you are eligible – see https://www.gov.uk/statutory-maternity-pay/eligibility – or MA.

Many people are also unclear about what their rights are to do self employed work during their maternity leave.

If you work for an employer who is not liable to pay Class 1 National Insurance contributions, such as voluntary work or self-employment, you can still get SMP from your old employer.

Self-employed parents or people who have recently started jobs won’t be able to take Shared Parental Leave or get Shared Parental Pay, but their partners might be able to if they qualify under employment and earnings criteria.


Comments [438]

  • Samantha Day says:

    Im 35 weeks pregnant and just been told im being made redundant. I know I am entitled to SMP however if i started to work freelance would it affect SMP at all?

  • Lucy Calton says:

    I am one of 2 directors of a limited company and currently 28 weeks pregnant, we opened the salon 8 weeks ago and prior to that I was a sole trader for 4 1/2 years. I’m unsure of wether I can claim smp or ma and if I can still draw dividends whilst on maternity leave?

    • Mandy Garner

      Mandy Garner says:

      Hi Lucy,
      If the company was set up after you became pregnant you would not qualify for SMP even if you are an employee of it as well as a director, However you would probably qualify for MA. For that you have to have worked for 26 weeks in the 66 weeks leading up to your baby’s due date and to have earned at least £30 in any 13 weeks during those 66 weeks. These do not have to be consecutive and to have paid the relevant NI contributions. You can continue to draw dividends while on maternity leave without MA being affected, but you cannot draw a salary.

  • Leandra Golub says:

    Useful comments . I was fascinated by the details , Does someone know where my business might be able to get ahold of a fillable a form copy to fill in ?

  • Deep says:

    Hi I am Director of limited company and my baby was stillborn ,I am on maternity leave but from my company i am still getting paid can i apply for maternity allowance

  • Lionel says:

    Hi, my girlfriend is a shareholder in my limited company. She doesn’t have any other jobs elsewhere. She is pregnant in her 15th week and hasn’t paid yet NI. Could she be entitled to any maternity allowance and what would be the conditions for that? Many thanks

  • Anonymous says:

    Hi. I am a director of a company and the sole employee. I am currently 26 weeks pregnant. I think i am entitiled to MA as i have been working for the past company for the past two years. I was just wondering, if I decide to take SMP via the company will i be able to still work but not take a salary just a dividend without it being affected? Unfortunately,if I do not work I do not earn (i am a nurse and work solely under the limited company ad hoc).
    Secondly, if i decide to take MA can i work but not take a salary, just a dividend during the leave?
    With regards to keeping in touch days under MA, will I be able to take a salary or a dividend for the ten days worked as I will be payed for those days?
    My only concern is that I will not have sufficient funds in my company account to pay SMP as i was not able to earn much due to pregnancy related illness for the last 3 months and work for the remaining time before i plan to start leave is not guaranteed.

    Editor: To qualify for SMP you will need to have earned at least an average of £111 a week in the eight weeks leading up to the 26th week of your pregnancy. If not, you should qualify for MA. You cannot do any paid work while receiving MA, bar the 10 KIT days, but you can draw down dividends.

  • says:

    I am a self employed childminder and have been for 4 years. I am 23 weeks pregnant. I am thinking of taking maternity 11 weeks before I am due. I am entitled to maternity allowance, not maternity pay. My question is, can I claim maternity allowance if a registered childminder has agreed to voluntarily cover my children for me for those 11 weeks – generous I know, they are family and have offered to help me out! So I will still be getting paid those 11 weeks by the parents but I won't actually be doing any work myself. Is this allowed?

    Editor: Apologies for the delay. Please email mandy@workingmums.co.uk and I can send you our tax expert's opinion.

  • Anonymous says:

    Hello, I am Director of a Limited Company and its sole employee. I work as a copywriter, so the only source of income through the business is my writing. I think I am obliged to pay myself SMP, since I do qualify but don't know how I can do so while I'm not generating any income. I understand you can take it out of the tax the company would usually pay but the amount I have saved for tax would not cover my maternity leave. Any advice would be so appreciated. Thanks

    Editor: Our tax expert Des Desai says: SMP is reclaimed by deducting the amount you can recover from the tax, National Insurance contributions and Student Loan deductions the organisation has to pay to HMRC that month.  If the amount to be recovered is more than the monthly or quarterly payment due, you should carry the balance over to when their next payment is due.

    However where you have insufficient money to recover the payments from the next payment due or there are no further payments due in the tax year, they can make a claim online (http://www.hmrc.gov.uk/paye/employees/statutory-pay/funding.htm#x3) or by post or fax to your Accounts Office (either at Shipley or Cumbernauld) to pay them the balance due.

    If your organisation wants to recover SMP paid in a previous tax year, you should complete form SP32 (available from http://search2.hmrc.gov.uk/kbroker/hmrc/forms/viewform.jsp?formId=950) and send it to the National Insurance Contributions Office of HM Revenue and Customs in Newcastle upon Tyne.

    • Claire says:

      Hi there

      I pay my income into a Ltd company. I pay myself dividends. I’ve just discovered that this means I’m not eligible for the Tax free Childcare scheme and 30 hours free childcare system.
      We’re planning another child.

      Does paying myself in dividends means I’m not eligible for Maternity Allowance?

      Though having read the threads above I may be better off paying myself SMP through the Ltd Company.

      Many thanks

  • Anonymous says:

    I am employed and will get SMP through my employer, but I am also sole director and employee of a ltd company. I invoice my self-employed work through my ltd company and just draw dividends rather than a salary as I have to pay 20% corporation tax on these earnings because of the amount I earn in my employed position. Can I continue to work for my ltd company and draw the income as dividends whilst claiming SMP?

    Editor: The government guidelines say you can do self employed work without your SMP being affected.

  • Anonymous says:

    Hi,I have just found out I am pregnant, but I don't think I would be entitled to SMP through my employer as I've only been employed for one month. Prior to this I was self employed for 2 years (and in fact doing some work for the company who have now taken me on as an employee). I still have my Ltd Company and do a little self employed work and draw dividends. Do I have any entitlement to MA (or SMP)?

    Also, if I am entitled to either MA or SMP, can I continue to work and draw dividends whilst claiming or can I only obtain income through KIT days? Thanks.

    Editor: If you were not pregnant when you started your job then you may qualify for SMP as long as you are still there by the 26th week and have earned at least £111 a week in the eight weeks leading up to the 26th week of your pregnancy. Otherwise you should qualify for MA through your local JobCentre Plus. If you qualify for SMP you can do self employed work without your SMP being affected. However, you can only draw dividends and do 10 KIT days work if you qualify for MA.

  • Anonymous says:

    Hy.me and my partner are thinking to have a baby.we work as carers and we are self employed.i am entitled for maternity?I'm new in uk and I don't know the laws.thank you.

    Editor: You as mother may be eligible for Maternity Allowance if you have worked for 26 weeks in the 66 weeks before your due date and have earned at least £30 in any 13 weeks in those 66 weeks and paid your NI contributions – see https://www.gov.uk/maternity-allowance/overview. You claim this via your local JobCentre Plus.

  • Anonymous says:

    Hi,
    I am on maternity leave receiving SMP, and I am about to start doing the odd bit of consultancy work, which would be self-employed. From reading other posts this is ok. I hope you don't mind me asking, but I just wondered if you would mind either, letting me the credentials of the editors knowledge, or point me to where I can have this officially confirmed, before I go ahead.
    Many thanks in advance

    Editor: You can do self employed work without your SMP being affected. See 3.12 here - https://www.gov.uk/government/publications/maternity-benefits-technical-guidance/maternity-benefits-technical-guidance

  • Anonymous says:

    Hy.me and my partner are thinking to have a baby.we work as carers and we are self employed.i am entitled for maternity?I'm new in uk and I don't know the laws.thank you.

    Editor: You as mother may be eligible for Maternity Allowance if you have worked for 26 weeks in the 66 weeks before your due date and have earned at least £30 in any 13 weeks in those 66 weeks and paid your NI contributions – see https://www.gov.uk/maternity-allowance/overview. You claim this via your local JobCentre Plus.

  • Anonymous says:

    Hi,
    I am on maternity leave receiving SMP, and I am about to start doing the odd bit of consultancy work, which would be self-employed. From reading other posts this is ok. I hope you don't mind me asking, but I just wondered if you would mind either, letting me the credentials of the editors knowledge, or point me to where I can have this officially confirmed, before I go ahead.
    Many thanks in advance

    Editor: You can do self employed work without your SMP being affected. See 3.12 here - https://www.gov.uk/government/publications/maternity-benefits-technical-guidance/maternity-benefits-technical-guidance

  • Anonymous says:

    Hi,
    I am in full time employment and will be taking maternity leave which will include SMP. I also have a second job with a different institution (marking assignments) which is only about 30 hours a year but I am not sure if I can continue this without impacting the SMP I claim from my main employer? Many thanks.

    Editor: If you have done this job since before the 26th week of your pregnancy you can do it without any impact on your SMP. You can also do self employed work without any impact on your SMP.

  • Anonymous says:

    Hi,
    I am in full time employment and will be taking maternity leave which will include SMP. I also have a second job with a different institution (marking assignments) which is only about 30 hours a year but I am not sure if I can continue this without impacting the SMP I claim from my main employer? Many thanks.

    Editor: If you have done this job since before the 26th week of your pregnancy you can do it without any impact on your SMP. You can also do self employed work without any impact on your SMP.

  • Anonymous says:

    i currently work part time in a school and about to go on maternity leave and will claim SMP, however i am also self employed part time am i ok to continue to do work through my self employed job and still claim SMP for my other job?

    Editor: You can do self employed work without your SMP being affected.

  • Anonymous says:

    im currently on maternity leave not due to go bk till December … can I get another 16 hour job without it affecting my child tax and working tax credits and my child benefits?

    Editor: You would have to inform HMRC of any changes to your employment and you cannot do any employed work without losing SMP. If you are claiming MA you would also lose that if you do any more than 10 days work during maternity leave. Child benefit would not be affected.

  • Anonymous says:

    Hi am a self employed. I had my son 7 years ago and during that time I didn't know am entitled for maternity allowance. As I payed all my. Now do think I can claim it now.. please

    Editor: I'm afraid it can only be backdated by three months.

  • Anonymous says:

    Hi I am currently pregnant and employed part time 12hrs a week but dont earn enough for SMP. I also run my own small business part time which I pay Class 2 National Insurance contributions. Do I get to choose which of my jobs I claim MA for? Obviously I would prefer to claim through my self employed status as I would get the higher allowance.

    Editor: If you aren’t entitled to Statutory Maternity Pay, you'll be entitled to Maternity Allowance if: you have worked for 26 weeks in the last 66 weeks. You can choose the weeks when you’ve earned the most, combine wages from different jobs, and it can include overtime, bonuses, or sick pay.

  • Anonymous says:

    Hi I am currently pregnant and employed part time 12hrs a week but dont earn enough for SMP. I also run my own small business part time which I pay Class 2 National Insurance contributions. Do I get to choose which of my jobs I claim MA for? Obviously I would prefer to claim through my self employed status as I would get the higher allowance.

    Editor: If you aren’t entitled to Statutory Maternity Pay, you'll be entitled to Maternity Allowance if: you have worked for 26 weeks in the last 66 weeks. You can choose the weeks when you’ve earned the most, combine wages from different jobs, and it can include overtime, bonuses, or sick pay.

  • Anonymous says:

    Hello

    I have been in the UK for 3 years and have been self-employed during that time. I have also been paying NI contributions. Would I be able to claim Maternity allowance and is there a possibility that I could have a shortfall in NI contributions?

    Editor: If you have been paying Class 2 NI contributions for 26 weeks in the 66 weeks before your due date you should qualify. You can claim via your local JobCentre Plus.

  • Anonymous says:

    Hello

    I have been in the UK for 3 years and have been self-employed during that time. I have also been paying NI contributions. Would I be able to claim Maternity allowance and is there a possibility that I could have a shortfall in NI contributions?

    Editor: If you have been paying Class 2 NI contributions for 26 weeks in the 66 weeks before your due date you should qualify. You can claim via your local JobCentre Plus.

  • Anonymous says:

    Hello,
    My friend is working for employer and earn some money as a self-employed. She pays first and second class NIC. She just started maternity leave (her baby is due in late April). She qualifies to get SMP. Is it possible to calculate her maternity pay from two sources? If yes, how can she claim to get 90% of her total income during first six weeks? Thank you for answer. Regards. Alicia

    Editor: You can get SMP from two employers, but she would qualify only for Maternity Allowance for the second job since she is self employed. You cannot, unfortunately, claim SMP and MA at the same time so she would only get SMP from her employer. Has she informed her employer before the 26th week of pregnancy? She needs to do so before she can qualify for SMP. 

  • Anonymous says:

    Hello,
    My friend is working for employer and earn some money as a self-employed. She pays first and second class NIC. She just started maternity leave (her baby is due in late April). She qualifies to get SMP. Is it possible to calculate her maternity pay from two sources? If yes, how can she claim to get 90% of her total income during first six weeks? Thank you for answer. Regards. Alicia

    Editor: You can get SMP from two employers, but she would qualify only for Maternity Allowance for the second job since she is self employed. You cannot, unfortunately, claim SMP and MA at the same time so she would only get SMP from her employer. Has she informed her employer before the 26th week of pregnancy? She needs to do so before she can qualify for SMP. 

  • Anonymous says:

    Hi,
    I have been working full time for an NHS organisation for 4 years now. however, at the beginning of last year, I started my own business as well as a director of a limited company working as and when required. I had my baby in august and currently in receipt of SMP from my employer.

    So the question is that, can I work as self employed while receiving SMP from my employer and will it affect me in any way?

    Editor: You can do self employed work without your SMP being affected.

  • Anonymous says:

    Hi

    I started smp from the 6th January 2014, 4 weeks before I was due to have my son. I received 6 weeks 90% of my wage and then smp for 33 weeks. I took the additional maternity leave which meant I was due to return back to work 4th January 2015. I have received so far 4 weeks annual leave since January but haven't actually done a shift at work. I am suppose to do 2X 12 hours shifts from 8pm-8am, however I wish to resign from work without having to return. As it's not appropriate for me to return back to work at the moment as it wouldn't be beneficial to me at the moment. So my question is would I have to pay back any smp/annual leave? And do I have to give notice or work any notice?

    Editor: You do not have to pay back SMP if you do not return and if the annual leave is leave accrued during maternity leave or before you would not have to pay that back either. You would have to give your contractual notice, but you may be able to come to some agreement with your employer on this.

  • Anonymous says:

    Hi I work part time for the NHS and will be entitled to 18 weeks of maternity pay from my employer. I also work as self employed and make 30% of my income in this way. I intend to take a full year off from my PAYE job as maternity leave, but wondered if I can return partially to my self employed work at the 6 or 9 month point. Would I still be able to claim SMP? and do I have to return to my PAYE job if I return to self employed work?

    Editor: You can work in a self employed basis without SMP being affected, but for enhanced maternity pay, check your NHS Trust's maternity policy. If it is after your enhanced pay finishes and if you normally work self employed alongside your other job it shouldn't be a problem.

  • Anonymous says:

    Hi,
    I have been working full time for an NHS organisation for 4 years now. however, at the beginning of last year, I started my own business as well as a director of a limited company working as and when required. I had my baby in august and currently in receipt of SMP from my employer.

    So the question is that, can I work as self employed while receiving SMP from my employer and will it affect me in any way?

    Editor: You can do self employed work without your SMP being affected.

  • Anonymous says:

    Hi

    I started smp from the 6th January 2014, 4 weeks before I was due to have my son. I received 6 weeks 90% of my wage and then smp for 33 weeks. I took the additional maternity leave which meant I was due to return back to work 4th January 2015. I have received so far 4 weeks annual leave since January but haven't actually done a shift at work. I am suppose to do 2X 12 hours shifts from 8pm-8am, however I wish to resign from work without having to return. As it's not appropriate for me to return back to work at the moment as it wouldn't be beneficial to me at the moment. So my question is would I have to pay back any smp/annual leave? And do I have to give notice or work any notice?

    Editor: You do not have to pay back SMP if you do not return and if the annual leave is leave accrued during maternity leave or before you would not have to pay that back either. You would have to give your contractual notice, but you may be able to come to some agreement with your employer on this.

  • Anonymous says:

    Hi I work part time for the NHS and will be entitled to 18 weeks of maternity pay from my employer. I also work as self employed and make 30% of my income in this way. I intend to take a full year off from my PAYE job as maternity leave, but wondered if I can return partially to my self employed work at the 6 or 9 month point. Would I still be able to claim SMP? and do I have to return to my PAYE job if I return to self employed work?

    Editor: You can work in a self employed basis without SMP being affected, but for enhanced maternity pay, check your NHS Trust's maternity policy. If it is after your enhanced pay finishes and if you normally work self employed alongside your other job it shouldn't be a problem.

  • Anonymous says:

    Hello, I currently work FT for the NHS but also work privately up to 6 hours a week. Can I claim maternity allowance from the NHS (SMP) and work privately at the same time?

    Editor: Do you mean that you are self employed for the six hours a week? You can do self employed work while claiming SMP. If the other job is an employed job rather than self employed, you can continue to do this with no impact on your SMP if you have been doing it since before the 26th week of your pregnancy.

  • Anonymous says:

    Hello, I currently work FT for the NHS but also work privately up to 6 hours a week. Can I claim maternity allowance from the NHS (SMP) and work privately at the same time?

    Editor: Do you mean that you are self employed for the six hours a week? You can do self employed work while claiming SMP. If the other job is an employed job rather than self employed, you can continue to do this with no impact on your SMP if you have been doing it since before the 26th week of your pregnancy.

  • Anonymous says:

    Hello,
    I am self employed and have been for many years.
    I have been receiving MA for my last baby which finished last week. I am looking for more work. I have been paying NI.
    I have just found out i am pregnant again.
    I may be able to work for 26 weeks (just!) before the baby arrives which i know would fulfil a claim but this is a lot of pressure. Does being on MA count as part of the 26 weeks in 66 weeks or do i physically have to work? Because i would have been working if i wasn't on MA. I have always been registered as self employed with the intention of working.

    Editor: Our tax expert Des Desai says it will depend on whether you have kept up with NI contributions during the 26 weeks, which will include part of the time you were on maternity leave. If this is the case then you should get full MA, but if not you may get the lower amount of MA. However, Des says that most people pay their NI Class 2 by setting up a direct debit and the payment is usually made in arrears so as long as you set that up again backdated to the time your maternity ended you should be ok.

  • Anonymous says:

    I am Director and sole employee of my own ltd company. I am in early pregnancy but want to know if I can claim SMP or MA and also if can can work for my ltd company whilst in receipt of MA or SMP? Thank you.

    Editor: If you are both self employed and an employee you could claim either and with SMP you should get more. If you get SMP you can work in a self employed basis without losing SMP, but not as an employee.

  • Anonymous says:

    Hi, I am currently on maternity leave and I'm recieving MA. I wondered if I can do some self employed work with AVON while I am off and still receive my MA? As I'm sure you don't have to register as self employed for the first 6 months? Thank you

    Editor: If you do any paid work while in receipt of MA you will lose MA from the week you start that work.

  • Anonymous says:

    I am just coming to the end of my maternity allowance, I had a small beauty salon which struggled to make any profit before I had my son. Just before my son was born, a lady made me an offer for the salon I could not refuse, so I sold it. I received the maternity allowance because I had paid the correct contributions in terms if national insurance etc. I am now coming to the end of my allowance and have began to look for part time work, which I'm struggling to even get an interview for… I have applied for job seekers to help bridge the gap between allowance payments and work pay, but have been refused it, can anyone help me understand why? I have a partner who earns 27k a year, but things are still pretty tight and that payment would help us massively. Is there anything we can do? Or anything else we could possibly get to help us bridge the gap to me getting a job.

    Editor: You should contact http://www.turn2us.org.uk to find out what benefits etc you might be able to claim. They have an online calculator.

  • Anonymous says:

    I am Director and sole employee of my own ltd company. I am in early pregnancy but want to know if I can claim SMP or MA and also if can can work for my ltd company whilst in receipt of MA or SMP? Thank you.

    Editor: If you are both self employed and an employee you could claim either and with SMP you should get more. If you get SMP you can work in a self employed basis without losing SMP, but not as an employee.

  • Anonymous says:

    Hi, I am currently on maternity leave and I'm recieving MA. I wondered if I can do some self employed work with AVON while I am off and still receive my MA? As I'm sure you don't have to register as self employed for the first 6 months? Thank you

    Editor: If you do any paid work while in receipt of MA you will lose MA from the week you start that work.

  • Anonymous says:

    I am just coming to the end of my maternity allowance, I had a small beauty salon which struggled to make any profit before I had my son. Just before my son was born, a lady made me an offer for the salon I could not refuse, so I sold it. I received the maternity allowance because I had paid the correct contributions in terms if national insurance etc. I am now coming to the end of my allowance and have began to look for part time work, which I'm struggling to even get an interview for… I have applied for job seekers to help bridge the gap between allowance payments and work pay, but have been refused it, can anyone help me understand why? I have a partner who earns 27k a year, but things are still pretty tight and that payment would help us massively. Is there anything we can do? Or anything else we could possibly get to help us bridge the gap to me getting a job.

    Editor: You should contact http://www.turn2us.org.uk to find out what benefits etc you might be able to claim. They have an online calculator.

  • Anonymous says:

    Hi, I am a sole trader with my NIC all paid up to date. I'm 23 weeks preganant but I've been told not to work by my Obstetrican due to my high risk of preterm birth. So I'm not at home on Bedrest. What can I claim and when can I claim it from? Can I claim online or over the phone as I'm now stuck at home until baby comes

    Editor: You would have to apply for Maternity Allowance since you are self employed and to qualify you would need to have worked for at least 26 weeks in the 66 weeks leading up to your baby's due date. The earliest you can be paid MA is 11 weeks before your expected week of childbirth. To find out more about any benefits, etc, you may be able to claim, go to http://www.turn2us.org.uk

  • Anonymous says:

    Hi, I am a sole trader with my NIC all paid up to date. I'm 23 weeks preganant but I've been told not to work by my Obstetrican due to my high risk of preterm birth. So I'm not at home on Bedrest. What can I claim and when can I claim it from? Can I claim online or over the phone as I'm now stuck at home until baby comes

    Editor: You would have to apply for Maternity Allowance since you are self employed and to qualify you would need to have worked for at least 26 weeks in the 66 weeks leading up to your baby's due date. The earliest you can be paid MA is 11 weeks before your expected week of childbirth. To find out more about any benefits, etc, you may be able to claim, go to http://www.turn2us.org.uk

  • Anonymous says:

    Hi I run a small boutique 3 days a week, this April I will have been I business for 3 years. I have paid my NI class 2 contributions for the whole if this time but havn't taken any money from the business just reinvested it in more stock. Am I entitled to Stat Maternity Pay?

    Editor: If you are self employed you will not get SMP, but you should get Maternity Allowance – see http://www.advicenow.org.uk/advicenow-guides/work/maternity-paternity-adoption-leave-and-pay/what-maternity-pay-will-i-get,10187,FP.html

  • Anonymous says:

    Hello,
    I left my old job before I had my daughter as the company was sold so qualified for MA. I started working for a small business a few weeks ago 2 days a week and have agreed a daily rate. I have since found out I am 4 weeks pregnant and wanted to see if being paid on a self employed basis would qualify me for MA. I have been doing SA for years as have a flat we rent out so there is no issue with doing this.
    My query is based on me starting work in January so wont pay any NI contribution for this financial year and probably not the next as will stop working in the September. if this is the case do I still qualify for MA?
    I could go on the payroll at my new employer but they are a small business and I don't want them to have to pay me Maternity Pay so to avoid this would have to leave the job early to get MA.
    Any help would be appreciated.

    Thanks in advance

    Katie

    Editor: You would need to pay either Class 1 or 2 NI contributions to qualify for MA.

  • Anonymous says:

    Hello,
    I have recently started back working in a new job after having my daughter who is 14 months old. I am working as a consultant for a business currently 2 days a week and paid a daily rate.
    I have a property I rent out so do a self assessment annually and have done for the past few years.
    I have found out this week I am 4 weeks pregnant so wanted to check if I worked on a self employed basis for the company would for the next 8 months would I still qualify for MA as I wouldn't pay any NI contributions on the basis I am working 3 months in this tax year and 5 the next. The business I am working for is quite small hence my reason for going self employed as I don't want them to have to pay my maternity.

    Should I let hmrc know that I am going to be working self employed?

    Thank you in advance

    Editor: Our tax expert Des Desai says: You will get Maternity Allowance as long as you apply for a Small Earnings Exemption Certificate for your NI Class 2.  Your tax returns are your back-up. Letting out a property is not a trade therefore not subject to NI so that does not count.

  • Anonymous says:

    Hi I run a small boutique 3 days a week, this April I will have been I business for 3 years. I have paid my NI class 2 contributions for the whole if this time but havn't taken any money from the business just reinvested it in more stock. Am I entitled to Stat Maternity Pay?

    Editor: If you are self employed you will not get SMP, but you should get Maternity Allowance – see http://www.advicenow.org.uk/advicenow-guides/work/maternity-paternity-adoption-leave-and-pay/what-maternity-pay-will-i-get,10187,FP.html

  • Anonymous says:

    Hello,
    I left my old job before I had my daughter as the company was sold so qualified for MA. I started working for a small business a few weeks ago 2 days a week and have agreed a daily rate. I have since found out I am 4 weeks pregnant and wanted to see if being paid on a self employed basis would qualify me for MA. I have been doing SA for years as have a flat we rent out so there is no issue with doing this.
    My query is based on me starting work in January so wont pay any NI contribution for this financial year and probably not the next as will stop working in the September. if this is the case do I still qualify for MA?
    I could go on the payroll at my new employer but they are a small business and I don't want them to have to pay me Maternity Pay so to avoid this would have to leave the job early to get MA.
    Any help would be appreciated.

    Thanks in advance

    Katie

    Editor: You would need to pay either Class 1 or 2 NI contributions to qualify for MA.

  • Anonymous says:

    Hello,
    I have recently started back working in a new job after having my daughter who is 14 months old. I am working as a consultant for a business currently 2 days a week and paid a daily rate.
    I have a property I rent out so do a self assessment annually and have done for the past few years.
    I have found out this week I am 4 weeks pregnant so wanted to check if I worked on a self employed basis for the company would for the next 8 months would I still qualify for MA as I wouldn't pay any NI contributions on the basis I am working 3 months in this tax year and 5 the next. The business I am working for is quite small hence my reason for going self employed as I don't want them to have to pay my maternity.

    Should I let hmrc know that I am going to be working self employed?

    Thank you in advance

    Editor: Our tax expert Des Desai says: You will get Maternity Allowance as long as you apply for a Small Earnings Exemption Certificate for your NI Class 2.  Your tax returns are your back-up. Letting out a property is not a trade therefore not subject to NI so that does not count.

  • Anonymous says:

    Hello,
    I am currently on maternity leave. I have just registered as being self employed (yesterday)- will this affect my maternity with my current employer even though I haven't started earning yet.. being self employed
    also can i start earning while on maternity leave..
    thanks in advance. 🙂

    Editor: If you are receiving SMP, you can do self employed work without any impact on your maternity pay. If you are on an occupational pay scheme, you would need to check the policy provisions.

  • Anonymous says:

    Hello,
    I am currently on maternity leave. I have just registered as being self employed (yesterday)- will this affect my maternity with my current employer even though I haven't started earning yet.. being self employed
    also can i start earning while on maternity leave..
    thanks in advance. 🙂

    Editor: If you are receiving SMP, you can do self employed work without any impact on your maternity pay. If you are on an occupational pay scheme, you would need to check the policy provisions.

  • Anonymous says:

    Hello

    I recently started a new job and have only worked there a few months. I go on maternity in a months time and don't qualify for SMP. I have sent off the form for MA but because I have previously worked for another employer I know I will get the MA. Whilst also working for an employer I work self employed running a small business from home evenings and weekends.

    My business will still run whilst I am on maternity because my sister will complete my orders for me rather than myself. Is this allowed and can I still draw all the money from my business without loosing my MA entitlement?

    Who can I contact to speak to someone more in depth so I can clarify my rights and what I am and aren't allowed to do?

    I can't not have my business run otherwise I will loose all my customers.

    Can someone get back to me ASAP please

    Editor: You should be fine. As long as you do not do any paid work yourself, you can continue to draw down profits. You can contact our tax expert Des Desai via des@mrtaxsoftware.com 

  • Anonymous says:

    Hello

    I recently started a new job and have only worked there a few months. I go on maternity in a months time and don't qualify for SMP. I have sent off the form for MA but because I have previously worked for another employer I know I will get the MA. Whilst also working for an employer I work self employed running a small business from home evenings and weekends.

    My business will still run whilst I am on maternity because my sister will complete my orders for me rather than myself. Is this allowed and can I still draw all the money from my business without loosing my MA entitlement?

    Who can I contact to speak to someone more in depth so I can clarify my rights and what I am and aren't allowed to do?

    I can't not have my business run otherwise I will loose all my customers.

    Can someone get back to me ASAP please

    Editor: You should be fine. As long as you do not do any paid work yourself, you can continue to draw down profits. You can contact our tax expert Des Desai via des@mrtaxsoftware.com 

  • Anonymous says:

    I am a music teacher, employed by a school but I also work as a music examiner for an examinations authority and teach privately (both these roles are self-employed). When I go on maternity leave can I continue to do some of the self employed teaching and examining whilst still claiming maternity pay from my 'employed' school job?

    Editor: You can do self employed work without losing SMP. If you have an occupational scheme you would need to check the policy with regard to self employed work during maternity leave.

  • Anonymous says:

    I am a music teacher, employed by a school but I also work as a music examiner for an examinations authority and teach privately (both these roles are self-employed). When I go on maternity leave can I continue to do some of the self employed teaching and examining whilst still claiming maternity pay from my 'employed' school job?

    Editor: You can do self employed work without losing SMP. If you have an occupational scheme you would need to check the policy with regard to self employed work during maternity leave.

  • Anonymous says:

    Hi,

    I am 19 weeks pregnant and in full time employment and discovered my company only provide statutory maternity pay. I am currently trying to move house to a bigger place. Applied for a 2 bedroom property which I was asked by the agency what I needed the other room for , to which I was honest with them and informed them I was expecting. I was them bombarded with questions such as are you going to be on statutory maternity pay, how long are you taking maternity leave for?, and how are you going to afford to pay for the rent. They had not received my references but I dryly these questions were very personal. After the references came back they said they could not give me the property due to my company not being being able to prove that I will be able to pay the rent due to me being on statuary maternity pay. I did not inform them how long I'm taking maternity leave for and my salary more than covers the monthly rental payments. My question is is this legal? And if not what actions do I need to take.

    Editor: This is a housing issue. Call Shelter's helpline on 0808 800 4444.

  • Anonymous says:

    Hello, I have a ltd company which I am the director. My company has been opened for about 3 years but filled dormant. I was about to close the company but I just found out I am 2 months pregnant. If I made my self self employed with this company would I be able to get any maternit leave?

    Editor: To receive Maternity Allowance, you would need to be self employed for at least 26 weeks in the 66 weeks leading up to your baby's due date and to earn at least £30 in any 13-week period during the 66 weeks – see https://www.gov.uk/maternity-allowance/overview

  • Anonymous says:

    Hi,

    I am 19 weeks pregnant and in full time employment and discovered my company only provide statutory maternity pay. I am currently trying to move house to a bigger place. Applied for a 2 bedroom property which I was asked by the agency what I needed the other room for , to which I was honest with them and informed them I was expecting. I was them bombarded with questions such as are you going to be on statutory maternity pay, how long are you taking maternity leave for?, and how are you going to afford to pay for the rent. They had not received my references but I dryly these questions were very personal. After the references came back they said they could not give me the property due to my company not being being able to prove that I will be able to pay the rent due to me being on statuary maternity pay. I did not inform them how long I'm taking maternity leave for and my salary more than covers the monthly rental payments. My question is is this legal? And if not what actions do I need to take.

    Editor: This is a housing issue. Call Shelter's helpline on 0808 800 4444.

  • Anonymous says:

    Hello, I have a ltd company which I am the director. My company has been opened for about 3 years but filled dormant. I was about to close the company but I just found out I am 2 months pregnant. If I made my self self employed with this company would I be able to get any maternit leave?

    Editor: To receive Maternity Allowance, you would need to be self employed for at least 26 weeks in the 66 weeks leading up to your baby's due date and to earn at least £30 in any 13-week period during the 66 weeks – see https://www.gov.uk/maternity-allowance/overview

  • Anonymous says:

    Hello, I found out that I wont get my maternity allowance as I only worked 21 weeks within 66 weeks. I was full time student so I did not pay any taxes. Does that count? I still have 14 weeks to go. Would voluntary work or giving private classes count to have those 5 missing weeks? If not, is there any other type of benefit I could apply for?
    Thank you!

    Editor: Our expert Des Desai says: This is a really tough one as basically she should be able to get help but it is outside the boundary of MA guidelines. She could try her University or College  Child Care Officer . It is likely she would get the lower rate MA (£27 per week)  and other support on a discretionary basis . Any bursary that she receives from an employer sponsorship would also count as “pay” but unless she is a post-grad  that may be unlikely.  Special rules alos apply to women on Nursing courses through the NHS I believe.

    If she can find some part time work that pays £30 per week or more that would be the best way if she still has time available. 

    For more information on benefits: go to http://www.turn2us.org.uk

  • Anonymous says:

    Hello, I found out that I wont get my maternity allowance as I only worked 21 weeks within 66 weeks. I was full time student so I did not pay any taxes. Does that count? I still have 14 weeks to go. Would voluntary work or giving private classes count to have those 5 missing weeks? If not, is there any other type of benefit I could apply for?
    Thank you!

    Editor: Our expert Des Desai says: This is a really tough one as basically she should be able to get help but it is outside the boundary of MA guidelines. She could try her University or College  Child Care Officer . It is likely she would get the lower rate MA (£27 per week)  and other support on a discretionary basis . Any bursary that she receives from an employer sponsorship would also count as “pay” but unless she is a post-grad  that may be unlikely.  Special rules alos apply to women on Nursing courses through the NHS I believe.

    If she can find some part time work that pays £30 per week or more that would be the best way if she still has time available. 

    For more information on benefits: go to http://www.turn2us.org.uk

  • Anonymous says:

    Hi,
    I am 4 months pregnant this jan 2015, have 2 jobs, paying enough NI etc and have been working for the same employers from the past 2-3 years.
    The perm job has gone down to one day in jan 2014 but remains a perm contract with paid time off etc.
    The other one is a freelance job, basically a series of chain short term contracts since sept 2012, my days increased from 3 to 4 days last summer. As the contracts are usually around my agreed holidays, i.e. they stop and start after bank holiday, 3 weeks away in august 2013, 3 weeks away in april 2014 I would like to know what sort of maternity pay i am entitled to please given these breaks in between contracts, as my current contract runs up to my due date.
    And would the 4 days employer pay? My contracts make no reference to maternity :/

    Thank you so much in advance!

    Editor: If you meet the earnings criteria for your first job [ie you earn at least £111 a week in the eight weeks leading up to the 26th week of your pregnancy] you will get SMP from this job. For the second you will probably only qualify for Maternity Allowance as it is freelance. You cannot get MA and SMP at the same time and SMP will usually be greater than MA so it is usually better to go for the job you have SMP with. 

  • Anonymous says:

    Hi,
    I am 4 months pregnant this jan 2015, have 2 jobs, paying enough NI etc and have been working for the same employers from the past 2-3 years.
    The perm job has gone down to one day in jan 2014 but remains a perm contract with paid time off etc.
    The other one is a freelance job, basically a series of chain short term contracts since sept 2012, my days increased from 3 to 4 days last summer. As the contracts are usually around my agreed holidays, i.e. they stop and start after bank holiday, 3 weeks away in august 2013, 3 weeks away in april 2014 I would like to know what sort of maternity pay i am entitled to please given these breaks in between contracts, as my current contract runs up to my due date.
    And would the 4 days employer pay? My contracts make no reference to maternity :/

    Thank you so much in advance!

    Editor: If you meet the earnings criteria for your first job [ie you earn at least £111 a week in the eight weeks leading up to the 26th week of your pregnancy] you will get SMP from this job. For the second you will probably only qualify for Maternity Allowance as it is freelance. You cannot get MA and SMP at the same time and SMP will usually be greater than MA so it is usually better to go for the job you have SMP with. 

  • Anonymous says:

    Hi there,
    I am currently employed part-time but have just set up my own ltd company to build up alongside working. Would I still be entitled to SMP from my employer? Thank you.

    Editor: If you qualify for SMP you can claim it from your employer.

  • Anonymous says:

    Hi there,
    I am currently employed part-time but have just set up my own ltd company to build up alongside working. Would I still be entitled to SMP from my employer? Thank you.

    Editor: If you qualify for SMP you can claim it from your employer.

  • Anonymous says:

    Hi I'm a nurse employed by the nhs on a full time basis. I'm currently on maternity leave for a year. I would like to find if I can start a limited company & work with an agency as self employed whilst on May leave. Can I do this?

    Editor: If you are just getting SMP, you can work on a self employed basis without losing SMP. If you are on occupational maternity pay you need to check your organisation's policy.

  • Anonymous says:

    Hi I'm a nurse employed by the nhs on a full time basis. I'm currently on maternity leave for a year. I would like to find if I can start a limited company & work with an agency as self employed whilst on May leave. Can I do this?

    Editor: If you are just getting SMP, you can work on a self employed basis without losing SMP. If you are on occupational maternity pay you need to check your organisation's policy.

  • Anonymous says:

    Hello
    I set up my own LTD business in Feb 2014 (registered the company straight away), started working from that point but have only just appointed an accountant and therefore my payroll didn't start until Dec 2014. I am due to have my baby at the end of March. I have been working for my business for more than 26 weeks prior to the qualifying period but as I haven't been officially payrolling myself until recently does this mean I can't claim MA? I will be paying NI.
    Any help / guidance much appreciated as I can't seen to find answers to this anywhere!

    Thanks
    Steph

    Editor: To qualify for MA you need to have earned at least £30 a week in any 13 weeks during the 66-week period before your due date. Is that the case?

  • Anonymous says:

    Hello
    I set up my own LTD business in Feb 2014 (registered the company straight away), started working from that point but have only just appointed an accountant and therefore my payroll didn't start until Dec 2014. I am due to have my baby at the end of March. I have been working for my business for more than 26 weeks prior to the qualifying period but as I haven't been officially payrolling myself until recently does this mean I can't claim MA? I will be paying NI.
    Any help / guidance much appreciated as I can't seen to find answers to this anywhere!

    Thanks
    Steph

    Editor: To qualify for MA you need to have earned at least £30 a week in any 13 weeks during the 66-week period before your due date. Is that the case?

  • Anonymous says:

    Hi I'm a childminder and self employed can I go back to work after 2 weeks and still claim MA ? Thanks

    Editor: I'm afraid you would lose MA from the moment you go back to work.

  • Anonymous says:

    I run a business with my husband, I will be claiming MA, can I volunteer / do any unpaid work (outside of KIT days)?

    Editor: You can do unpaid work without MA being affected. 

  • Anonymous says:

    Hi I'm a childminder and self employed can I go back to work after 2 weeks and still claim MA ? Thanks

    Editor: I'm afraid you would lose MA from the moment you go back to work.

  • Anonymous says:

    I run a business with my husband, I will be claiming MA, can I volunteer / do any unpaid work (outside of KIT days)?

    Editor: You can do unpaid work without MA being affected. 

  • Anonymous says:

    Hello, I currently work 22.5 hours a week for the NHS and will go on maternity leave in 3 months' time. I am entitled to OMP and SMP, but would really like to set up a small business selling crafts. How soon would I been able to start and will any of my maternity pay be affected if I am earning additional money from a craft business?

    Editor: You can do self employed work without it affecting your SMP. For OMP you would need to check your organisation's policy because each organisation varies.

  • Anonymous says:

    Hello, I currently work 22.5 hours a week for the NHS and will go on maternity leave in 3 months' time. I am entitled to OMP and SMP, but would really like to set up a small business selling crafts. How soon would I been able to start and will any of my maternity pay be affected if I am earning additional money from a craft business?

    Editor: You can do self employed work without it affecting your SMP. For OMP you would need to check your organisation's policy because each organisation varies.

  • Anonymous says:

    Hi I didnt qualify for smp with my employer as my earnings leading up to my maternity leave. I have sent off a claim using my four highest wage slips, my weekly paid average from these is 139. However my boss, despite being PAYE didnt pay any NI contributions because I earnt under tge weekly threshold of having to pay tax and NI. Will tge fact that NI hasnt been paid effect my claim, im so worried. I have paid NI in other jobs in the past. Many thanks 🙂

    Editor: I am a bit confused. Are you claiming SMP independently of your employer? You should contact HMRC's SMP employee helpline on 0845 3021479 to clarify for the situation.

  • Anonymous says:

    Hi I didnt qualify for smp with my employer as my earnings leading up to my maternity leave. I have sent off a claim using my four highest wage slips, my weekly paid average from these is 139. However my boss, despite being PAYE didnt pay any NI contributions because I earnt under tge weekly threshold of having to pay tax and NI. Will tge fact that NI hasnt been paid effect my claim, im so worried. I have paid NI in other jobs in the past. Many thanks 🙂

    Editor: I am a bit confused. Are you claiming SMP independently of your employer? You should contact HMRC's SMP employee helpline on 0845 3021479 to clarify for the situation.

  • Anonymous says:

    Hi I'm currently working for a lady with ms and am considering changing my job, however we are trying for a baby,would I still be entitled to statutory maternity if I leave my current job and go else where but fall pregnant within months?

    Editor: It would depend on your average weekly earnings in the eight weeks up to the 26th week of your pregnancy [they would have to be at least £111 a week to qualify for SMP] and you would have to have been in the job when you got pregnant and to still be in it at the end of the 26th week. Otherwise you may qualify for Maternity Allowance which you can claim via your local Jobcentre Plus – see https://www.gov.uk/maternity-allowance/overview

  • Anonymous says:

    Do they not check 26 weeks in the 66 weeks test? I will have over a year of class 2 till my due date

    Editor: I have double checked with our tax expert, Des Desai. He says: Whether you pay Class 1 or Class 2  NI is not relevant. As long as you pay one or other, you are entitled to MA.   Although she talks about suspending her self employment that is no concern of HMRC. She should receive NI  Class 1 Contribution Credits during her Maternity Allowance period.  This should happen automatically, but she does not have to pay Class 2 NI  during MA

  • Anonymous says:

    I am an employed and self employed bookkeeper.
    Whilst on maternity can I freelance on a self employed basis for my employer and invoice them?

    Editor: What kidn of maternity pay are you on? If SMP, you can work in a self-employed capacity without losing SMP.

  • Anonymous says:

    Hi,I'm self-employed actress, pregnant with due date 30th of June. When I claim Ma do I need to inform Hmrc that my self – employment is suspended? And do I still pay NIN class 2 during maternity leave? Another thing I started paying NIN class 2 since April 2014 when it became obligatory for entertainers, before that I had paid NIN class 1 straight of my wage and always dealt with my own tax for few years now. My 66 test period goes back to March 2014 will I still be eligible for Ma if I started paying NIN class 2 since April 2014? Thank you

    Editor: You may only qualify for the lower rate of MA if you have not paid Class 2 NI for long enough. If you are not sure if you will qualify for MA you should ask your local Jobcentre Plus for form MA1 and make a claim or phone the JobCentre Plus claim line on 0800 055 6688. They will work out whether you can get the benefit. If you are not entitled to MA, they should automatically use the same claim form to check whether you can get Employment and Support Allowance instead. You do not pay NI on MA. 

  • Anonymous says:

    Hi I'm currently working for a lady with ms and am considering changing my job, however we are trying for a baby,would I still be entitled to statutory maternity if I leave my current job and go else where but fall pregnant within months?

    Editor: It would depend on your average weekly earnings in the eight weeks up to the 26th week of your pregnancy [they would have to be at least £111 a week to qualify for SMP] and you would have to have been in the job when you got pregnant and to still be in it at the end of the 26th week. Otherwise you may qualify for Maternity Allowance which you can claim via your local Jobcentre Plus – see https://www.gov.uk/maternity-allowance/overview

  • Anonymous says:

    Do they not check 26 weeks in the 66 weeks test? I will have over a year of class 2 till my due date

    Editor: I have double checked with our tax expert, Des Desai. He says: Whether you pay Class 1 or Class 2  NI is not relevant. As long as you pay one or other, you are entitled to MA.   Although she talks about suspending her self employment that is no concern of HMRC. She should receive NI  Class 1 Contribution Credits during her Maternity Allowance period.  This should happen automatically, but she does not have to pay Class 2 NI  during MA

  • Anonymous says:

    I am an employed and self employed bookkeeper.
    Whilst on maternity can I freelance on a self employed basis for my employer and invoice them?

    Editor: What kidn of maternity pay are you on? If SMP, you can work in a self-employed capacity without losing SMP.

  • Anonymous says:

    Hi,I'm self-employed actress, pregnant with due date 30th of June. When I claim Ma do I need to inform Hmrc that my self – employment is suspended? And do I still pay NIN class 2 during maternity leave? Another thing I started paying NIN class 2 since April 2014 when it became obligatory for entertainers, before that I had paid NIN class 1 straight of my wage and always dealt with my own tax for few years now. My 66 test period goes back to March 2014 will I still be eligible for Ma if I started paying NIN class 2 since April 2014? Thank you

    Editor: You may only qualify for the lower rate of MA if you have not paid Class 2 NI for long enough. If you are not sure if you will qualify for MA you should ask your local Jobcentre Plus for form MA1 and make a claim or phone the JobCentre Plus claim line on 0800 055 6688. They will work out whether you can get the benefit. If you are not entitled to MA, they should automatically use the same claim form to check whether you can get Employment and Support Allowance instead. You do not pay NI on MA. 

  • Anonymous says:

    Hi I am employed 8 hrs per week and a self employed childminder what maternity pay am I entitled to? As my employer doesn't pay me

    Editor: If you have worked for 26 weeks in the 66 weeks leading to your baby's due date and have earned at least £30 in any 13 weeks in this period you should claim Maternity Allowance – see https://www.gov.uk/maternity-allowance/overview

  • Anonymous says:

    Hi I am employed 8 hrs per week and a self employed childminder what maternity pay am I entitled to? As my employer doesn't pay me

    Editor: If you have worked for 26 weeks in the 66 weeks leading to your baby's due date and have earned at least £30 in any 13 weeks in this period you should claim Maternity Allowance – see https://www.gov.uk/maternity-allowance/overview

  • Anonymous says:

    Hello. how long need to work at 1 workplace what they pay maternity pay?

    Editor: You have to be there from just before you got pregnant to at least the end of the 26th week of your pregnancy to qualify for SMP. If not, you can apply for Maternity Allowance if you have worked for 26 weeks in the 66 weeks before your baby's due date and earned at least £30 a week in any 13 weeks during the 66 weeks.

  • Anonymous says:

    Hi am currently on maternity leaveI work for the NHS as a nurse I get paid OMP and SNP my OMP stops January and Snp stops in April . Can I legally work as self employed nurse via an agency wilst claiming these without loosing any income.

    Editor: You can do self employed work without losing SMP. You would have to check your OMP policy with regard to this.

  • Anonymous says:

    Hello. how long need to work at 1 workplace what they pay maternity pay?

    Editor: You have to be there from just before you got pregnant to at least the end of the 26th week of your pregnancy to qualify for SMP. If not, you can apply for Maternity Allowance if you have worked for 26 weeks in the 66 weeks before your baby's due date and earned at least £30 a week in any 13 weeks during the 66 weeks.

  • Anonymous says:

    Hi am currently on maternity leaveI work for the NHS as a nurse I get paid OMP and SNP my OMP stops January and Snp stops in April . Can I legally work as self employed nurse via an agency wilst claiming these without loosing any income.

    Editor: You can do self employed work without losing SMP. You would have to check your OMP policy with regard to this.

  • Anonymous says:

    Hi am currently on maternity leaveI work for the NHS as a nurse I get paid OMP and SNP my OMP stops January and Snp stops in April . Can I legally work as self employed nurse via an agency wilst claiming these without loosing any income

    Editor: For SMP you can do work on a self employed basis without losing it, but you would need to check your organisation's policy with regard to OMP.

  • Anonymous says:

    Hi am currently on maternity leaveI work for the NHS as a nurse I get paid OMP and SNP my OMP stops January and Snp stops in April . Can I legally work as self employed nurse via an agency wilst claiming these without loosing any income

    Editor: For SMP you can do work on a self employed basis without losing it, but you would need to check your organisation's policy with regard to OMP.

  • Anonymous says:

    Hi I'm a self employed photographer pregnant with twins due in Feb. I realised in November that I still held a small earnings exemption certificate for NI that I am no longer eligible for (my last tax return submitted in January showed earnings over the threshold.) Realising that it will have a huge effect on my MA I cancelled it immediately. Will I still be entitled to the full MA?

    Editor: The following answer should help you - https://www.workingmums.co.uk/advice-and-support/q-and-a/all/8224352/turned-down-for-maternity-allowance-ask-the-expert.thtml

  • Anonymous says:

    Hi I'm a self employed photographer pregnant with twins due in Feb. I realised in November that I still held a small earnings exemption certificate for NI that I am no longer eligible for (my last tax return submitted in January showed earnings over the threshold.) Realising that it will have a huge effect on my MA I cancelled it immediately. Will I still be entitled to the full MA?

    Editor: The following answer should help you - https://www.workingmums.co.uk/advice-and-support/q-and-a/all/8224352/turned-down-for-maternity-allowance-ask-the-expert.thtml

  • Anonymous says:

    I'm self-employed physiotherapist and I claimed Maternity Allowance(MA) last year for my first baby. Last payment I received on 13th February and I was back to business on 15th February. I'm pregnant again(baby due on 13th of Dec-tomorrow) and I decided to claim MA again. Because I didn't receive any letter from HMRC about paying class 2National Insurance this year I gave them a call. I've been told that according to their system I'm still on Maternity leave and I'm claiming MA. I rang Job centre to find out and they said that even knows I stopped receiving any payments in February I was still on Maternity leave. Now if I want to claim MA I need to pay Class 2 NI but I'm unable to do so because I'm on Maternity leave. Do I have to let HMRC know I'm back to work(and when)once my maternity payment stops?I thought when I receive last payment it means I'm back to work. thanks for explanation.

    Editor: You would have to let HMRC know you have returned to work as some people remain on maternity leave after the end of the 39 weeks as maternity leave can last up to 52 weeks.

  • Anonymous says:

    Hello,

    I am self employed sole trader running a design shop and a clubnight. My sister who is registered as a self employed sole traders also runs the shop and my partner a self employed sole trader also runs the clubnight. They have both said they will cover me and I can still take a share of the profits from the business without having to do any work. How does this work with claiming MA, do I still do my self assessment tax at end of year as usual? or will the amount im earning affect the ma. Thanks

    Editor: You can still draw down profit without it affecting your MA. You would need to put that you are on maternity leave and claiming MA on your self assessement form.

  • Anonymous says:

    I'm self-employed physiotherapist and I claimed Maternity Allowance(MA) last year for my first baby. Last payment I received on 13th February and I was back to business on 15th February. I'm pregnant again(baby due on 13th of Dec-tomorrow) and I decided to claim MA again. Because I didn't receive any letter from HMRC about paying class 2National Insurance this year I gave them a call. I've been told that according to their system I'm still on Maternity leave and I'm claiming MA. I rang Job centre to find out and they said that even knows I stopped receiving any payments in February I was still on Maternity leave. Now if I want to claim MA I need to pay Class 2 NI but I'm unable to do so because I'm on Maternity leave. Do I have to let HMRC know I'm back to work(and when)once my maternity payment stops?I thought when I receive last payment it means I'm back to work. thanks for explanation.

    Editor: You would have to let HMRC know you have returned to work as some people remain on maternity leave after the end of the 39 weeks as maternity leave can last up to 52 weeks.

  • Anonymous says:

    Hello,

    I am self employed sole trader running a design shop and a clubnight. My sister who is registered as a self employed sole traders also runs the shop and my partner a self employed sole trader also runs the clubnight. They have both said they will cover me and I can still take a share of the profits from the business without having to do any work. How does this work with claiming MA, do I still do my self assessment tax at end of year as usual? or will the amount im earning affect the ma. Thanks

    Editor: You can still draw down profit without it affecting your MA. You would need to put that you are on maternity leave and claiming MA on your self assessement form.

  • Anonymous says:

    I'm an employed nurse currently on SMP, into the last 33 weeks. I'm looking to be set up as a director & shareholder of a new company – will this affect my SMP?

    Editor: You can do self employed without your SMP being affected.

  • Anonymous says:

    I'm an employed nurse currently on SMP, into the last 33 weeks. I'm looking to be set up as a director & shareholder of a new company – will this affect my SMP?

    Editor: You can do self employed without your SMP being affected.

  • Anonymous says:

    I am currently employed by two employers, for one job I qualify for statutory maternity pay, for the second I can only claim maternity allowance. Therefore I am losing part of my salary by having to only claim statutory maternity pay one and have been informed that if I return to the job paying statutory this will end this and I can't then start to claim maternity allowance after for my other job. Howver I f I start work as self employed during my maternity leave to keep my salary topped up. Will this invalidate my starutory mat pay ?

    Editor: You can do self employed work during your maternity leave without it affecting your SMP. 

  • Anonymous says:

    I am currently employed by two employers, for one job I qualify for statutory maternity pay, for the second I can only claim maternity allowance. Therefore I am losing part of my salary by having to only claim statutory maternity pay one and have been informed that if I return to the job paying statutory this will end this and I can't then start to claim maternity allowance after for my other job. Howver I f I start work as self employed during my maternity leave to keep my salary topped up. Will this invalidate my starutory mat pay ?

    Editor: You can do self employed work during your maternity leave without it affecting your SMP. 

  • Anonymous says:

    Hi, I recently moved from being a sole trader to a Limited Company (in October 2014). I am the director and only employee. At the moment I am still paying NI 2 contributions from my sole trader days. Should I be paying these still? I read somewhere online that I should stop these payments now I'm a limited company. How would maternity work if I were need it 9 months from now? I am thinking as I am the only employee I would only qualify for MA but then if I stop my NI 2 contributions would I be eligible for this? Thanks for your help!

    Editor: Our tax expert Des Desai says: She should only stop the Class 2 once she starts paying herself from her Limited Company just in case. She can always get her Class 2 Refunded at a later date by contacting the NI Contributions Office.

  • Anonymous says:

    Hi, I recently moved from being a sole trader to a Limited Company (in October 2014). I am the director and only employee. At the moment I am still paying NI 2 contributions from my sole trader days. Should I be paying these still? I read somewhere online that I should stop these payments now I'm a limited company. How would maternity work if I were need it 9 months from now? I am thinking as I am the only employee I would only qualify for MA but then if I stop my NI 2 contributions would I be eligible for this? Thanks for your help!

    Editor: Our tax expert Des Desai says: She should only stop the Class 2 once she starts paying herself from her Limited Company just in case. She can always get her Class 2 Refunded at a later date by contacting the NI Contributions Office.

  • Anonymous says:

    Hi I am self employed and craft from home to make a living I have been doing this for a year now and pay tax and ni so I would assume I am entitled to maternity allowance? My question is would the allowance be effected if family volunteer to help me responding to messages and producing items etc (i work in basic graphic design so can teach them before hand what to do) to keep my name out there so to speak so as I don't loose custom whilst on maternity I have worked really hard to build my ebay business in order to stay at home with my son and couldn't afford to loose regular customers and risk them going elsewhere for any long length of time I want a business to return to not to have to start all over again. would I still be ok to pull the profit from these sales during this time?

    Editor: You can draw down profits from the business and as long as you do no paid work during the maternity period your MA will not be affected.

  • Anonymous says:

    Hi I am self employed and craft from home to make a living I have been doing this for a year now and pay tax and ni so I would assume I am entitled to maternity allowance? My question is would the allowance be effected if family volunteer to help me responding to messages and producing items etc (i work in basic graphic design so can teach them before hand what to do) to keep my name out there so to speak so as I don't loose custom whilst on maternity I have worked really hard to build my ebay business in order to stay at home with my son and couldn't afford to loose regular customers and risk them going elsewhere for any long length of time I want a business to return to not to have to start all over again. would I still be ok to pull the profit from these sales during this time?

    Editor: You can draw down profits from the business and as long as you do no paid work during the maternity period your MA will not be affected.

  • Anonymous says:

    Similar to a few people above, I am registered as a Sole Trader, there are two parts to my income: freelance work and sales from an online shop. I must stop the freelance work as I can not do it while pregnant/have the baby, but for my online shop I only earn very little and need it to continue running while I'd like to claim MA. My husband is happy to replace my role in his free time and not get paid. I have a business account and a personal account, and all monies get paid into the business account where usually I pay myself through drawings into my personal account.

    Editor: As long as you are not paid for any work you do during maternity leave you should be okay. You can continue to draw profits from the business, but you cannot be paid a salary.

  • Anonymous says:

    Similar to a few people above, I am registered as a Sole Trader, there are two parts to my income: freelance work and sales from an online shop. I must stop the freelance work as I can not do it while pregnant/have the baby, but for my online shop I only earn very little and need it to continue running while I'd like to claim MA. My husband is happy to replace my role in his free time and not get paid. I have a business account and a personal account, and all monies get paid into the business account where usually I pay myself through drawings into my personal account.

    Editor: As long as you are not paid for any work you do during maternity leave you should be okay. You can continue to draw profits from the business, but you cannot be paid a salary.

  • Anonymous says:

    Like the last person commenting I would like to volunteer to keep my business running (I am the only person in the business) but will not pay myself whilst receiving MA. Can I still write out invoices and receive payments from customers?

    Editor: Our tax expert Des Desai says this is fine as long as you are not paid for your work.

  • Anonymous says:

    I own a very small business where I am the only person running it. My MA just started last week but I need the business to continue whilst I'm not working. My husband is happy to continue the running of it in his free time (he works full-time) without being paid by my business. Is this ok?

    Also, can I volunteer my time to help out (not pay myself) just for the sake of keeping the business up and running?

    Editor: That is all fine as long as you don't do any paid work. You also have 10 KIT days you can take.

  • Anonymous says:

    Like the last person commenting I would like to volunteer to keep my business running (I am the only person in the business) but will not pay myself whilst receiving MA. Can I still write out invoices and receive payments from customers?

    Editor: Our tax expert Des Desai says this is fine as long as you are not paid for your work.

  • Anonymous says:

    I own a very small business where I am the only person running it. My MA just started last week but I need the business to continue whilst I'm not working. My husband is happy to continue the running of it in his free time (he works full-time) without being paid by my business. Is this ok?

    Also, can I volunteer my time to help out (not pay myself) just for the sake of keeping the business up and running?

    Editor: That is all fine as long as you don't do any paid work. You also have 10 KIT days you can take.

  • Anonymous says:

    I am currently on maternity leave and i recieve MA weekly, I was informed that the MA will continue until April 2015 but I am due to resume work by December 2014, Will my MA stop immediately I resume work? do I have to inform them that I have now resumed work.

    Editor: MA will stop the week you start work and you should inform HMRC.

  • Anonymous says:

    I am currently on maternity leave and i recieve MA weekly, I was informed that the MA will continue until April 2015 but I am due to resume work by December 2014, Will my MA stop immediately I resume work? do I have to inform them that I have now resumed work.

    Editor: MA will stop the week you start work and you should inform HMRC.

  • Anonymous says:

    I am self employed and don't plan on claiming any maternity pay but I want to know if my husband can claim my whole entitlement he is employed and we have the intention that he will be looking after the baby not myself.

    Editor: When is your baby due and are you talking about Shared Parental Leave, which comes in for babies born after 5th April? With regard to this, it depends on whether or not UK law will allow fathers to take leave and receive pay where a mother is self employed. The present position is no, but this could change near to or after Shared Parental Leave legislation kicks in April 2015.

     

     

  • Anonymous says:

    Whilst i am on maternity leave should i keepthe companycar Nd petrol

    Editor: see http://www.nidirect.gov.uk/entitlements-during-statutory-maternity-leave

  • Anonymous says:

    I am self employed and don't plan on claiming any maternity pay but I want to know if my husband can claim my whole entitlement he is employed and we have the intention that he will be looking after the baby not myself.

    Editor: When is your baby due and are you talking about Shared Parental Leave, which comes in for babies born after 5th April? With regard to this, it depends on whether or not UK law will allow fathers to take leave and receive pay where a mother is self employed. The present position is no, but this could change near to or after Shared Parental Leave legislation kicks in April 2015.

     

     

  • Anonymous says:

    Whilst i am on maternity leave should i keepthe companycar Nd petrol

    Editor: see http://www.nidirect.gov.uk/entitlements-during-statutory-maternity-leave

  • Anonymous says:

    Hi. I work full time and earn a monthly 1249 before tax, I have worked for 2 years at the same company. Today when speaking to my manager he said that I would receive a months pay and then after a short period be paid maternity of just 200/month. can this be right?

    Editor: SMP is based on your average weekly earnings in the eight weeks leading up to the 26th week of pregnancy. It is 90% of salary for the first six weeks and then the statutory rate for the remaining 33 weeks. There is a maternity pay calculator here - https://www.gov.uk/calculate-your-maternity-pay

  • Anonymous says:

    Hi. I work full time and earn a monthly 1249 before tax, I have worked for 2 years at the same company. Today when speaking to my manager he said that I would receive a months pay and then after a short period be paid maternity of just 200/month. can this be right?

    Editor: SMP is based on your average weekly earnings in the eight weeks leading up to the 26th week of pregnancy. It is 90% of salary for the first six weeks and then the statutory rate for the remaining 33 weeks. There is a maternity pay calculator here - https://www.gov.uk/calculate-your-maternity-pay

  • Anonymous says:

    Hi, Apologies for posting again – I asked a previous question about a graphic designer having an online shop. I am not quite clear on the answer.
    Do I have to declare any amount of work i have done for myself for the shop as a keeping in touch day? I assumed not as I have not invoiced for this work and it was not for an external client. I just worried about the ongoing income from sales that resulted from this work.
    Basically, what you are saying is that I can continue to draw down profits and expenses whilst receiving maternity allowance. I shouldn't worry. Is that correct?

    Editor: That is correct. He's saying it's fine to continue to draw down profits and expenses.

  • Anonymous says:

    Hi. I am currently employed and will be entitled to SMP when I go on maternity. I am also part time self employed. My plan is to continue working self employed while I am receving SMP from my main employment (my employer).
    Can I do this? Can I still work self employed while claiming SMP? How does this affect my self assessment?

    Thanks

    Editor: Yes, you can still continue your self employed work without it affecting your SMP.

  • Anonymous says:

    Hi, Apologies for posting again – I asked a previous question about a graphic designer having an online shop. I am not quite clear on the answer.
    Do I have to declare any amount of work i have done for myself for the shop as a keeping in touch day? I assumed not as I have not invoiced for this work and it was not for an external client. I just worried about the ongoing income from sales that resulted from this work.
    Basically, what you are saying is that I can continue to draw down profits and expenses whilst receiving maternity allowance. I shouldn't worry. Is that correct?

    Editor: That is correct. He's saying it's fine to continue to draw down profits and expenses.

  • Anonymous says:

    Hi. I am currently employed and will be entitled to SMP when I go on maternity. I am also part time self employed. My plan is to continue working self employed while I am receving SMP from my main employment (my employer).
    Can I do this? Can I still work self employed while claiming SMP? How does this affect my self assessment?

    Thanks

    Editor: Yes, you can still continue your self employed work without it affecting your SMP.

  • Anonymous says:

    Hi, I start working as self employed for 3 months now, my wife is pregnant she s not entitled to any benefits , can I get maternity leave or any benefits ?

    Editor: Do you mean paternity leave? Can you explain a little bit more? Does your wife work?

  • Anonymous says:

    Hello, I am also a self employed graphic designer and my maternity allowance is due to finish at the end of January 2015.
    I am looking to open up a small online shop selling products I've designed before then and want to know if this will jeopardise my allowance. The work involved in setting it up will take no more than three days max as my husband will build the website free of charge. Once I get orders, my Mum has volunteered to process them and take them to the Post Office for me as I will be too busy with my baby.
    Can you advise wether or not this is acceptable whilst receiving MA? I know I am allowed 10 KIT days but not sure what counts and if I need to notify the Job Centre. If I get income from sales every day, does that use up my quota as I will be taking the money, despite not doing the work?
    I hope this makes sense. Many thanks in advance!

    Editor: Our tax expert Des Desai says: Not only can she draw down profits she can also draw down expenses (possibly mobile phone, Landline/Broadband, Home Office Expenses, Business Mileage, Travel if like many self employed she pays them personally and then claims back against profit at the end of the tax year). Whichever way, one of the benefits of being self employed is that Profit is (currently) assessed annually and no weekly or monthly breakdown is required so I would recommend that she should go ahead as it is such a short period of time we are bridging in any case.

  • Anonymous says:

    Hi, I start working as self employed for 3 months now, my wife is pregnant she s not entitled to any benefits , can I get maternity leave or any benefits ?

    Editor: Do you mean paternity leave? Can you explain a little bit more? Does your wife work?

  • Anonymous says:

    Hello, I am also a self employed graphic designer and my maternity allowance is due to finish at the end of January 2015.
    I am looking to open up a small online shop selling products I've designed before then and want to know if this will jeopardise my allowance. The work involved in setting it up will take no more than three days max as my husband will build the website free of charge. Once I get orders, my Mum has volunteered to process them and take them to the Post Office for me as I will be too busy with my baby.
    Can you advise wether or not this is acceptable whilst receiving MA? I know I am allowed 10 KIT days but not sure what counts and if I need to notify the Job Centre. If I get income from sales every day, does that use up my quota as I will be taking the money, despite not doing the work?
    I hope this makes sense. Many thanks in advance!

    Editor: Our tax expert Des Desai says: Not only can she draw down profits she can also draw down expenses (possibly mobile phone, Landline/Broadband, Home Office Expenses, Business Mileage, Travel if like many self employed she pays them personally and then claims back against profit at the end of the tax year). Whichever way, one of the benefits of being self employed is that Profit is (currently) assessed annually and no weekly or monthly breakdown is required so I would recommend that she should go ahead as it is such a short period of time we are bridging in any case.

  • Anonymous says:

    Hi, I am a self employed graphic designer. What is the time period that is used to calculate eligibility for receiving MA? Is it your most recently completed tax return, or is it the weeks leading up to the birth of your baby? I am interested to know this as my income can fluctuate depending on how much work I have. Also, how do I need to prove my income – can I supply invoices or bank statements to prove my income when being assessed? I currently hold a NI exemption certificate for small earnings – does this affect what amount I can be eligible to receive?

    Editor: It is the 66 weeks leading up to your baby's due date that is used – you must have been working or self employed for 26 of those weeks and to have earned at least £30 a week in any 13-week period in those 66 weeks. See  https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/362837/ma-print.pdf. There is a phone number on the bottom of this form you can ring if you need further clarification.

  • Anonymous says:

    Hi, I am a self employed graphic designer. What is the time period that is used to calculate eligibility for receiving MA? Is it your most recently completed tax return, or is it the weeks leading up to the birth of your baby? I am interested to know this as my income can fluctuate depending on how much work I have. Also, how do I need to prove my income – can I supply invoices or bank statements to prove my income when being assessed? I currently hold a NI exemption certificate for small earnings – does this affect what amount I can be eligible to receive?

    Editor: It is the 66 weeks leading up to your baby's due date that is used – you must have been working or self employed for 26 of those weeks and to have earned at least £30 a week in any 13-week period in those 66 weeks. See  https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/362837/ma-print.pdf. There is a phone number on the bottom of this form you can ring if you need further clarification.

  • Anonymous says:

    Hi,

    Thanks for the info. I am currently employed in a school teaching their choir only on a monday afternoon, but the majority of the work I do is on a self employed basis through my local council, teaching instrumental lessons in schools. Can I apply for the maternity allowance and still continue my employed work asap?

    Editor: You can claim SMP and do self employed work at the same time, but you cannot claim MA and do other paid work during your maternity leave.

  • Anonymous says:

    Hi,

    Thanks for the info. I am currently employed in a school teaching their choir only on a monday afternoon, but the majority of the work I do is on a self employed basis through my local council, teaching instrumental lessons in schools. Can I apply for the maternity allowance and still continue my employed work asap?

    Editor: You can claim SMP and do self employed work at the same time, but you cannot claim MA and do other paid work during your maternity leave.

  • Anonymous says:

    Good morning, I am a midwife and have worked for my current employer for over a year now. I also have a limited company under which I'm a director and will eventually start working on off agency work. Would I still be able to do the agency work whiles on maternity leave with my current employer? Will it affect my smp if I do?

    Editor: You can do self employed work without it affecting your SMP.

  • Anonymous says:

    Good morning, I am a midwife and have worked for my current employer for over a year now. I also have a limited company under which I'm a director and will eventually start working on off agency work. Would I still be able to do the agency work whiles on maternity leave with my current employer? Will it affect my smp if I do?

    Editor: You can do self employed work without it affecting your SMP.

  • Anonymous says:

    Hi i am currently employed but have set up my own limited company. the company has only been formed for a matter of weeks and so i am not taking a wage. im not entitled to smp from my employer but they have advised me to seek MA. Can i claim ma even though im employed but also the director of a company? Any help would be grafeful as my baby is due christmas and i wish to start my leave soon but do not where how to claim money

    Editor: Yes, you can claim MA which you can claim through your local JobCentre Plus.

  • Anonymous says:

    Hi i am currently employed but have set up my own limited company. the company has only been formed for a matter of weeks and so i am not taking a wage. im not entitled to smp from my employer but they have advised me to seek MA. Can i claim ma even though im employed but also the director of a company? Any help would be grafeful as my baby is due christmas and i wish to start my leave soon but do not where how to claim money

    Editor: Yes, you can claim MA which you can claim through your local JobCentre Plus.

  • Anonymous says:

    Hi I am currently employed and I am able to claim SMP. I am also self employed and was wondering if I could contract to the same employer whilst on maternity (so my income would be from the same source) – would this effect my SMP? Thanks

    Editor: You can do self employed work and still get SMP. You would have to ensure you were still considered self employed in any contract you negotiated, for instance, that you are not on the payroll.

  • Anonymous says:

    Hi I am currently employed and I am able to claim SMP. I am also self employed and was wondering if I could contract to the same employer whilst on maternity (so my income would be from the same source) – would this effect my SMP? Thanks

    Editor: You can do self employed work and still get SMP. You would have to ensure you were still considered self employed in any contract you negotiated, for instance, that you are not on the payroll.

  • Anonymous says:

    Hello
    I am a director of my limited company, I am currently on MAT leave which started from the 19th of September 2014. I have an accountant who runs my payroll, she has assured me that the software she uses automatically updates the system and informs HMRC. However she is not sure how much I'm entiled to SMP pay and on top of that her software has been running my pay at the full wage. How dose this affect me? She is saying that it is not a problem. She has basically run my payrol inadvance at my full wage and did not ajust the system. How do I fine out how much pay per week I'm entitled to? I hope this clear. Thank you

    Editor: You can try this SMP calculator - https://www.gov.uk/calculate-your-maternity-pay. Your accountant could try https://www.gov.uk/maternity-paternity-calculator

  • Anonymous says:

    When filling out the online MA1 form, it asks for the 'which dates were you registered as self-employed' under the section concerning Self Employment in your test period. Does that mean they want to know how long I hjave been self employed for in total, or that I am working during the test period? The end date of the test period is AFTER the date that I intend to start my Mat Leave….. very confusing!

    Editor: With MA, the eligibility period is the 66 weeks leading up to your baby's due date. So you have to have worked for 26 weeks in that period and to have earned at least £30 in any 13-week period within that time. Therefore they just want to know when you were first registered as self employed so they can work out eligibility.

  • Anonymous says:

    Hello
    I am a director of my limited company, I am currently on MAT leave which started from the 19th of September 2014. I have an accountant who runs my payroll, she has assured me that the software she uses automatically updates the system and informs HMRC. However she is not sure how much I'm entiled to SMP pay and on top of that her software has been running my pay at the full wage. How dose this affect me? She is saying that it is not a problem. She has basically run my payrol inadvance at my full wage and did not ajust the system. How do I fine out how much pay per week I'm entitled to? I hope this clear. Thank you

    Editor: You can try this SMP calculator - https://www.gov.uk/calculate-your-maternity-pay. Your accountant could try https://www.gov.uk/maternity-paternity-calculator

  • Anonymous says:

    When filling out the online MA1 form, it asks for the 'which dates were you registered as self-employed' under the section concerning Self Employment in your test period. Does that mean they want to know how long I hjave been self employed for in total, or that I am working during the test period? The end date of the test period is AFTER the date that I intend to start my Mat Leave….. very confusing!

    Editor: With MA, the eligibility period is the 66 weeks leading up to your baby's due date. So you have to have worked for 26 weeks in that period and to have earned at least £30 in any 13-week period within that time. Therefore they just want to know when you were first registered as self employed so they can work out eligibility.

  • Anonymous says:

    I am a Director of my own Limited Company and am an employee of the Limited Company. Are KIT days pro-rata depending on how much maternity leave you take or can you still work 10 KIT days regardless of whether you take 3, 6 or 10 months off? Thank you

    Editor: KIT days are not pro-rata-ed.

  • Anonymous says:

    I am a Director of my own Limited Company and am an employee of the Limited Company. Are KIT days pro-rata depending on how much maternity leave you take or can you still work 10 KIT days regardless of whether you take 3, 6 or 10 months off? Thank you

    Editor: KIT days are not pro-rata-ed.

  • Anonymous says:

    Hi, wanting to keep myself busy during my MA Leave, just wondering if i made cards/crafts during my leave but didn't sell them till afterwards, would this effect the MA I received?

    Editor: That should be fine. MA would only be stopped if you did paid work during the MA period.

  • Anonymous says:

    Hi, wanting to keep myself busy during my MA Leave, just wondering if i made cards/crafts during my leave but didn't sell them till afterwards, would this effect the MA I received?

    Editor: That should be fine. MA would only be stopped if you did paid work during the MA period.

  • Anonymous says:

    Thank you, yes I have calculated that I will be eligible for maternity allowance so will be claiming this, hopefully for 6 months and taking my 10 KIT days to keep things ticking over in the 6 month.

  • Anonymous says:

    Hi, I'm not back to wrok after my 1child for wich I claimed MA as I was self employed.
    I'm now expecting my second child. I have continued to pay my NI as I have income off a rental property. Would I qualify for MA this time around?

    Editor: To qualify for MA you have to have been employed or self employed for 26 weeks in the 66 weeks before your baby's due date and to have earned at least £30 in any 13-week period during the 66 weeks.

  • Anonymous says:

    Thank you, yes I have calculated that I will be eligible for maternity allowance so will be claiming this, hopefully for 6 months and taking my 10 KIT days to keep things ticking over in the 6 month.

  • Anonymous says:

    Hi, I'm not back to wrok after my 1child for wich I claimed MA as I was self employed.
    I'm now expecting my second child. I have continued to pay my NI as I have income off a rental property. Would I qualify for MA this time around?

    Editor: To qualify for MA you have to have been employed or self employed for 26 weeks in the 66 weeks before your baby's due date and to have earned at least £30 in any 13-week period during the 66 weeks.

  • Anonymous says:

    Hi. I am sole Director of my own ltd company which is a new accountancy practice. As it is a new co. I am taking a minimal salary so do not qualify for SMP. As I am an accountant I do my own company accounts and was wondering in these circumstances, who would need to complete the SMP1 as I would be signing it myself which doesn't feel right. I can't find any guidance on this? Thanks

    Editor Our tax expert Des Desai says you can do it yourself. Operating SMP is a payroll function and does not need any special skills or qualifications. It can be operated by the director of the company. Are you claiming Maternity Allowance if SMP is not possible?

  • Anonymous says:

    Hi. I am sole Director of my own ltd company which is a new accountancy practice. As it is a new co. I am taking a minimal salary so do not qualify for SMP. As I am an accountant I do my own company accounts and was wondering in these circumstances, who would need to complete the SMP1 as I would be signing it myself which doesn't feel right. I can't find any guidance on this? Thanks

    Editor Our tax expert Des Desai says you can do it yourself. Operating SMP is a payroll function and does not need any special skills or qualifications. It can be operated by the director of the company. Are you claiming Maternity Allowance if SMP is not possible?

  • Anonymous says:

    Hi. I am in a business partnership. I am on maternity leave at the moment, and recieving MA. If I decide to leave the business before my MA payments end, will i have to pay any MA back? thanks

    Editor: As long as you don't start new paid work you should keep your MA.

  • Anonymous says:

    Hi. I am in a business partnership. I am on maternity leave at the moment, and recieving MA. If I decide to leave the business before my MA payments end, will i have to pay any MA back? thanks

    Editor: As long as you don't start new paid work you should keep your MA.

  • Anonymous says:

    Hi I am currently on maternity leave from a large company on my 2 month of maternity leave I was given notice of redundancy along wiry the rest of my team. Most of my team have been reappointed roles in other departments. They have frozen my redundancy with the hope of a new role in my return. I have been asked to attend around 5 meeting to do with the redundancy process and have had to take part in conference calls are these classes as kit days and shoukd they pay me for these meetings? Thanks

    Editor: Our HR expert Sandra Beale says you need to clarify this with your employer.

  • Anonymous says:

    Hi I am currently on maternity leave from a large company on my 2 month of maternity leave I was given notice of redundancy along wiry the rest of my team. Most of my team have been reappointed roles in other departments. They have frozen my redundancy with the hope of a new role in my return. I have been asked to attend around 5 meeting to do with the redundancy process and have had to take part in conference calls are these classes as kit days and shoukd they pay me for these meetings? Thanks

    Editor: Our HR expert Sandra Beale says you need to clarify this with your employer.

  • Anonymous says:

    Thanks. The policy states it covers consultant under 'contract of employment'. In my contract renewal letter, it states that my contract of employment stays the same. Now HR claim a wrong template was used twice and I'm not entitled to the enhanced pay as I worked as a consultant, but not under contract of employment as I didn't get paid through payroll. This doesn't sound right at all. Can you advise please? Thanks.

    Editor: The whole business of employment status is complicated. It appears they are saying that it only applies to employees so it depends if you are treated as an employee or self employed – see the link above which gives more details on the differences between employees and self employed. Some contractors do have the status of employee.

  • Anonymous says:

    Thanks. The policy states it covers consultant under 'contract of employment'. In my contract renewal letter, it states that my contract of employment stays the same. Now HR claim a wrong template was used twice and I'm not entitled to the enhanced pay as I worked as a consultant, but not under contract of employment as I didn't get paid through payroll. This doesn't sound right at all. Can you advise please? Thanks.

    Editor: The whole business of employment status is complicated. It appears they are saying that it only applies to employees so it depends if you are treated as an employee or self employed – see the link above which gives more details on the differences between employees and self employed. Some contractors do have the status of employee.

  • Anonymous says:

    I was wondering if I am usually paid for hours worked 11/8/14-14/9/14 at the end of sep 2014, does this change when on maternity or do I follow the same payday system as if I were at work. Thank you

    Editor: Your employer will usually pay you in the same way and at the same time as they would have paid your normal wages.

  • Anonymous says:

    Hi, my work seems to be paying me different amounts each month to what I have calculated I should be paid based on the maternity weekly allowance. Is there no ifs and buts to the smp eg only work part time or weeks with bank holidays, xmas day? Its the same every week no matter what right?

    Editor: Are you being paid maternity allowance or SMP? SMP is paid by the employer and MA through your JobCentre. It should be the same amount each time. If you have queries about your SMP, contact the Statutory Payments Disputes Team on 0191 225 5221.

  • Anonymous says:

    Thanks. The policy states it covers consultant under 'contract of employment'. In my contract renewal letter, it states that my contract of employment stays the same. Now HR claim a wrong template was used twice and I'm not entitled to the enhanced pay as I worked as a consultant, but not under contract of employment as I didn't get paid through payroll. This doesn't sound right at all. Can you advise please? Thanks.

    Editor: The following clarifies employment status - https://www.gov.uk/employment-status/employee

  • Anonymous says:

    I worked as an interim consultant for my current employer from Jan 13 through my own limited company till Aug 14, when I took up a permanent role. I'm expecting in Jan 15, does my previous service qualify as continuous service and contract of employment to get enhanced maternity pay? Thanks.

    Editor: You would need to check the enhanced maternity policy as each organisation which offers enhanced pay has different policies and practice.

  • Anonymous says:

    I don't qualify from SMP from my current employer as haven't been working for them for long enough. I have applied for MA. However since I will be worse off on MA than I would have been had I been eligible for SMP I was looking to supplement my income. However from reading the above posts am I right to conclude that you cannot do any self employed work (I'd be getting a commission from sales) whilst receiving MA?
    Thanks

    Editor: You cannot do any paid work without risking losing MA.

  • Anonymous says:

    I was wondering if I am usually paid for hours worked 11/8/14-14/9/14 at the end of sep 2014, does this change when on maternity or do I follow the same payday system as if I were at work. Thank you

    Editor: Your employer will usually pay you in the same way and at the same time as they would have paid your normal wages.

  • Anonymous says:

    Hi, my work seems to be paying me different amounts each month to what I have calculated I should be paid based on the maternity weekly allowance. Is there no ifs and buts to the smp eg only work part time or weeks with bank holidays, xmas day? Its the same every week no matter what right?

    Editor: Are you being paid maternity allowance or SMP? SMP is paid by the employer and MA through your JobCentre. It should be the same amount each time. If you have queries about your SMP, contact the Statutory Payments Disputes Team on 0191 225 5221.

  • Anonymous says:

    Thanks. The policy states it covers consultant under 'contract of employment'. In my contract renewal letter, it states that my contract of employment stays the same. Now HR claim a wrong template was used twice and I'm not entitled to the enhanced pay as I worked as a consultant, but not under contract of employment as I didn't get paid through payroll. This doesn't sound right at all. Can you advise please? Thanks.

    Editor: The following clarifies employment status - https://www.gov.uk/employment-status/employee

  • Anonymous says:

    I worked as an interim consultant for my current employer from Jan 13 through my own limited company till Aug 14, when I took up a permanent role. I'm expecting in Jan 15, does my previous service qualify as continuous service and contract of employment to get enhanced maternity pay? Thanks.

    Editor: You would need to check the enhanced maternity policy as each organisation which offers enhanced pay has different policies and practice.

  • Anonymous says:

    I don't qualify from SMP from my current employer as haven't been working for them for long enough. I have applied for MA. However since I will be worse off on MA than I would have been had I been eligible for SMP I was looking to supplement my income. However from reading the above posts am I right to conclude that you cannot do any self employed work (I'd be getting a commission from sales) whilst receiving MA?
    Thanks

    Editor: You cannot do any paid work without risking losing MA.

  • Anonymous says:

    can you claim smp and contractual pay? someone said yu can but i didnt think you could

    Editor: Yes. 

  • Anonymous says:

    can you claim smp and contractual pay? someone said yu can but i didnt think you could

    Editor: Yes. 

  • Anonymous says:

    Hi I work part time and have done so for the last 9 months. My contract ends in two weeks time and I will be 20 weeks pregnant. I know I qualify for MA from my employment, but I also run a small online retail business as a self employed sole trader and have done so for the last 12 months, the business does not generate any income for myself all sales are re-invested in stock. My question is a) does the fact that this business exists effect my claim for MA b) if not, can my partner volunteer to keep the business ticking over whilst i'm claiming MA c) can I claim Job Seekers from when my contract ends to when my MA starts?
    thanks

    Editor: This should not affect your MA and, as long as you don't earn from the business during your maternity leave, your MA will not be affected. For information on benefits, go to http://www.turn2us.org.uk.

  • Anonymous says:

    Hi I work part time and have done so for the last 9 months. My contract ends in two weeks time and I will be 20 weeks pregnant. I know I qualify for MA from my employment, but I also run a small online retail business as a self employed sole trader and have done so for the last 12 months, the business does not generate any income for myself all sales are re-invested in stock. My question is a) does the fact that this business exists effect my claim for MA b) if not, can my partner volunteer to keep the business ticking over whilst i'm claiming MA c) can I claim Job Seekers from when my contract ends to when my MA starts?
    thanks

    Editor: This should not affect your MA and, as long as you don't earn from the business during your maternity leave, your MA will not be affected. For information on benefits, go to http://www.turn2us.org.uk.

  • Anonymous says:

    Hi just wondering about annual leave and maternity. I am due back to my full time job in the new year and would like to know am I allowed to take all of my annual leave before returning (28 days) or only the annual leave I have accumulated to that date? If the latter, it would only give me a couple of months to spread out and take a years worth of holidays on my return. . Many thanks

    Editor: You would have to negotiate this with your employer. They do not have to grant holiday on the dates requested [see https://www.gov.uk/holiday-entitlement-rights/booking-time-off-, but you could argue that there is a good business case for adding it to the end of your leave as this would cause less disruption.

  • Anonymous says:

    Hi just wondering about annual leave and maternity. I am due back to my full time job in the new year and would like to know am I allowed to take all of my annual leave before returning (28 days) or only the annual leave I have accumulated to that date? If the latter, it would only give me a couple of months to spread out and take a years worth of holidays on my return. . Many thanks

    Editor: You would have to negotiate this with your employer. They do not have to grant holiday on the dates requested [see https://www.gov.uk/holiday-entitlement-rights/booking-time-off-, but you could argue that there is a good business case for adding it to the end of your leave as this would cause less disruption.

  • Anonymous says:

    Hi I'm currently on maternity leave but plan to go back to work part time? Is that ok or they will cut my MA?

    Editor: You still get your full MA entitlement unless you go back to work early in which case your MA will finish the week you start work again. Going part time will not affect your MA.

  • Anonymous says:

    Hi I'm currently on maternity leave but plan to go back to work part time? Is that ok or they will cut my MA?

    Editor: You still get your full MA entitlement unless you go back to work early in which case your MA will finish the week you start work again. Going part time will not affect your MA.

  • Anonymous says:

    Hi I am self employed hairdresser I was working in a shop for 3 and a half years getting payed weekly I have payed my own na and tax. I'm on maturity leve after having my baby in april I alway sed i would be back after 5month. I sed in july i would be back in end sept. But she has given my job away and now say there no job for me in shop can she do this? X

    Editor: Self-employed workers are unfortunately not entitled to the same maternity rights as employees.  Therefore in the absence of any express agreement (whether written or verbal) with the shop it is unfortunately under no legal obligation to keep your job open for you once you have had your baby.

  • Anonymous says:

    Hi, I am currently on maternity leave. I work for the NHS who have paid me OMP plus SMP and this month reduces to SMP only. I am considering starring up a small business (making and selling baby accessories). My question is whether this is allowed or not? Would it conflict with my SMP/prev OMP?

    Thanks!

    Editor: You can do self employed work without it affecting SMP. On OMP, you would need to check your contract as each organisation varies.

  • Anonymous says:

    Hi I am self employed hairdresser I was working in a shop for 3 and a half years getting payed weekly I have payed my own na and tax. I'm on maturity leve after having my baby in april I alway sed i would be back after 5month. I sed in july i would be back in end sept. But she has given my job away and now say there no job for me in shop can she do this? X

    Editor: Self-employed workers are unfortunately not entitled to the same maternity rights as employees.  Therefore in the absence of any express agreement (whether written or verbal) with the shop it is unfortunately under no legal obligation to keep your job open for you once you have had your baby.

  • Anonymous says:

    Hi, I am currently on maternity leave. I work for the NHS who have paid me OMP plus SMP and this month reduces to SMP only. I am considering starring up a small business (making and selling baby accessories). My question is whether this is allowed or not? Would it conflict with my SMP/prev OMP?

    Thanks!

    Editor: You can do self employed work without it affecting SMP. On OMP, you would need to check your contract as each organisation varies.

  • Anonymous says:

    Hi. I'm currently working on a 7-month fixed term contract. I got pregnant after I started working and will still be employed by my 26th week of pregnancy. Will I qualify for SMP? Thanks for the advice!

    Editor: If you are still there by the end of the 26th week and have earned an average of at least £111 in the qualifying eight weeks leading up to the 26th week of pregnancy, you will get SMP whatever happens afterwards.

  • Anonymous says:

    Hi. I'm currently working on a 7-month fixed term contract. I got pregnant after I started working and will still be employed by my 26th week of pregnancy. Will I qualify for SMP? Thanks for the advice!

    Editor: If you are still there by the end of the 26th week and have earned an average of at least £111 in the qualifying eight weeks leading up to the 26th week of pregnancy, you will get SMP whatever happens afterwards.

  • Anonymous says:

    I and my husband are directors of a ltd liability company and also an employee in the company.I would like to apply for maternity allowance how do I get a SMP1 form.and how do I apply for maternity allowance.

    Editor: Via your local Job Centre Plus

  • Anonymous says:

    I and my husband are directors of a ltd liability company and also an employee in the company.I would like to apply for maternity allowance how do I get a SMP1 form.and how do I apply for maternity allowance.

    Editor: Via your local Job Centre Plus

  • Anonymous says:

    Hello. I am employed as a midwife but intend to change career and start a franchise. I don't want to lose my maternity pay, however I do not want to delay starting the franchise either. Am I allowed to commence a self employed role whilst receiving maternity pay from my employer. I understand I will have to return to work for three months to keep all of my maternity pay.

    Many thanks

    Editor: You can do self employed work while claiming SMP without losing it. You would have to check your maternity policy with regard to enhanced maternity pay as each organisation which offers enhanced maternity pay is different.

  • Anonymous says:

    Hi im 23 weeks pregnant. I stopped working in july 2014 from discrimination from being pregnant. I have worked since the day i left school so wondering if i am entitled to Maternity allowance still even though i am unemployed now. If i am elegible for MA when can i apply for it? thank you.

    Editor: To be eligible for MA you need to have worked [employed or self employed] for at least 26 weeks in the 66 weeks before your baby's due date. It does not matter how many years you have worked before this. You also need to have earned at least £30 a week in any 13-week period in the 66 weeks, but this does not have to be continuous.

     

  • Anonymous says:

    Hello. I am employed as a midwife but intend to change career and start a franchise. I don't want to lose my maternity pay, however I do not want to delay starting the franchise either. Am I allowed to commence a self employed role whilst receiving maternity pay from my employer. I understand I will have to return to work for three months to keep all of my maternity pay.

    Many thanks

    Editor: You can do self employed work while claiming SMP without losing it. You would have to check your maternity policy with regard to enhanced maternity pay as each organisation which offers enhanced maternity pay is different.

  • Anonymous says:

    Hi im 23 weeks pregnant. I stopped working in july 2014 from discrimination from being pregnant. I have worked since the day i left school so wondering if i am entitled to Maternity allowance still even though i am unemployed now. If i am elegible for MA when can i apply for it? thank you.

    Editor: To be eligible for MA you need to have worked [employed or self employed] for at least 26 weeks in the 66 weeks before your baby's due date. It does not matter how many years you have worked before this. You also need to have earned at least £30 a week in any 13-week period in the 66 weeks, but this does not have to be continuous.

     

  • Anonymous says:

    Hi, I've been self employed from the 16th of September 2013, I'm now pregnant with my fourth child, I know I can't claim ma until I'm 26 weeks, due to the nature of my job I'm unable to continue working due to the risks to my baby, I'm now 20 weeks, am I entitled to claim anything from now until I'm 26 weeks.

    Editor: For information on benefits, go to http://www.turn2us.org.uk

  • Anonymous says:

    Hi, I've been self employed from the 16th of September 2013, I'm now pregnant with my fourth child, I know I can't claim ma until I'm 26 weeks, due to the nature of my job I'm unable to continue working due to the risks to my baby, I'm now 20 weeks, am I entitled to claim anything from now until I'm 26 weeks.

    Editor: For information on benefits, go to http://www.turn2us.org.uk

  • Anonymous says:

    Hi my maternity allowance ends at the beginning of October and am due to start work again a few days after it finishes, I need to take my years annual leave before I return to work as the rest of the year is booked up. Can I still claim maternity allowance whilst on annual leave?

    Editor: You should add your leave onto the end of your maternity leave so you get the full MA and then paid annual leave. MA is only for those on maternity leave.

  • Anonymous says:

    Hi my maternity allowance ends at the beginning of October and am due to start work again a few days after it finishes, I need to take my years annual leave before I return to work as the rest of the year is booked up. Can I still claim maternity allowance whilst on annual leave?

    Editor: You should add your leave onto the end of your maternity leave so you get the full MA and then paid annual leave. MA is only for those on maternity leave.

  • Anonymous says:

    Hi
    I'm a director of my ltd company & have been for past 4yrs
    I have been on maternity leave past 4 months
    The company I have a contract & am working for advised me 3 weeks ago that there would be redundancies I then received a phone call yesterday saying my contract had been terminated that day , my badge to get into the office has been de-activated already even tho my contract states 7 day notice period ! I have also discovered that the person covering my maternity leave is still working for the company & has not been made redundant

    Is this unfair dismissal ??

    Editor: They should certainly honour your notice period or pay you in lieu. Is the role you are doing redundant. You say your maternity cover is still working there, but are they also being made redundant after the maternity cover ends or are they simply replacing you with the maternity cover, which would be illegal? They cannot make you redundant solely because you are on maternity leave.

  • Anonymous says:

    Hi
    I'm a director of my ltd company & have been for past 4yrs
    I have been on maternity leave past 4 months
    The company I have a contract & am working for advised me 3 weeks ago that there would be redundancies I then received a phone call yesterday saying my contract had been terminated that day , my badge to get into the office has been de-activated already even tho my contract states 7 day notice period ! I have also discovered that the person covering my maternity leave is still working for the company & has not been made redundant

    Is this unfair dismissal ??

    Editor: They should certainly honour your notice period or pay you in lieu. Is the role you are doing redundant. You say your maternity cover is still working there, but are they also being made redundant after the maternity cover ends or are they simply replacing you with the maternity cover, which would be illegal? They cannot make you redundant solely because you are on maternity leave.

  • Anonymous says:

    Hi, I'm in a grey area and in a pickle I've worked for the same company for over 3years as a subcontractor and for a while was employed just over a year ago they terminated my employment and asked if I would come back as self employed. I have now been working for them as self employed for almost a year and a half – they provide me with a laptop, accommodation, ppe and training. They even dictate my rota, working hours and I do time sheets for them (not invoices).

    I'm 12weeks pregnant and was wondering where I stand as for this last year and a half I've worked bank holidays, overtime etc without additional pay or allowed leave nor have I had holiday pay.. But all the above seems to point to me having an employed status without the contract.. I don't have any of the benefits of being self employed as I can't dictate when I work or when I am to leave as they will make me work a notice period of three weeks. Can I claim msternity from them as employed or an I entitled to MA??

    Thank you

    Editor: Our HR expert Tara Daynes says:  Employment status is often not black & white due to the 'multiple factors' test. With that range of issues, there are arguments for both sides (either employee or hired worker). The Employment Status Indicator tool on the HMRC website should helphttp://www.hmrc.gov.uk/calcs/esi.htm so I recommend she works through that & see what it says.

  • Anonymous says:

    Hi I am currently employed and I am able to claim SMP. I was looking to set up on a self employed baisis and contract to the same employer whilst on maternity (so my income would be from the same source) – would this effect my SMP? Thanks

    Editor: I am checking this with our tax expert and will get back to you shortly. Technically you are allowed to do self employed work without losing SMP.

  • Anonymous says:

    Both my husband and I are directors of our own limited company, we made a loss for the past two years, we need some advice regarding SMP, can I apply, am i entitled?

    Editor: SMP is for employees so you would need to be an employee to be eligible. Is that the case? Eligibility criteria can be found here - https://www.gov.uk/maternity-pay-leave/eligibility

     

  • Anonymous says:

    Hi I have worked currently for the NHS as a nurse for the past 4 years. Currently on maternity leave , I will get my full time maternity pay for 6 months and 3months half pay. Iam also entitled to SMP .l have my own limited company which was opened last October 2013. I want to knw if I can work as a self employed through an agency whilst getting my maternity benefits and on maternity leave from my main NHS jobs.

    Editor: You can do self employed work on maternity leave without losing SMP. For your company policy, you would need to check the small print.

  • Anonymous says:

    Hi, I'm in a grey area and in a pickle I've worked for the same company for over 3years as a subcontractor and for a while was employed just over a year ago they terminated my employment and asked if I would come back as self employed. I have now been working for them as self employed for almost a year and a half – they provide me with a laptop, accommodation, ppe and training. They even dictate my rota, working hours and I do time sheets for them (not invoices).

    I'm 12weeks pregnant and was wondering where I stand as for this last year and a half I've worked bank holidays, overtime etc without additional pay or allowed leave nor have I had holiday pay.. But all the above seems to point to me having an employed status without the contract.. I don't have any of the benefits of being self employed as I can't dictate when I work or when I am to leave as they will make me work a notice period of three weeks. Can I claim msternity from them as employed or an I entitled to MA??

    Thank you

    Editor: Our HR expert Tara Daynes says:  Employment status is often not black & white due to the 'multiple factors' test. With that range of issues, there are arguments for both sides (either employee or hired worker). The Employment Status Indicator tool on the HMRC website should helphttp://www.hmrc.gov.uk/calcs/esi.htm so I recommend she works through that & see what it says.

  • Anonymous says:

    Hi I am currently employed and I am able to claim SMP. I was looking to set up on a self employed baisis and contract to the same employer whilst on maternity (so my income would be from the same source) – would this effect my SMP? Thanks

    Editor: I am checking this with our tax expert and will get back to you shortly. Technically you are allowed to do self employed work without losing SMP.

  • Anonymous says:

    Both my husband and I are directors of our own limited company, we made a loss for the past two years, we need some advice regarding SMP, can I apply, am i entitled?

    Editor: SMP is for employees so you would need to be an employee to be eligible. Is that the case? Eligibility criteria can be found here - https://www.gov.uk/maternity-pay-leave/eligibility

     

  • Anonymous says:

    Hi I have worked currently for the NHS as a nurse for the past 4 years. Currently on maternity leave , I will get my full time maternity pay for 6 months and 3months half pay. Iam also entitled to SMP .l have my own limited company which was opened last October 2013. I want to knw if I can work as a self employed through an agency whilst getting my maternity benefits and on maternity leave from my main NHS jobs.

    Editor: You can do self employed work on maternity leave without losing SMP. For your company policy, you would need to check the small print.

  • Anonymous says:

    hi, i have recently returned to work after having my daughter, my flexi working has been rejected and i thererore am in a position where i am working 5 days, out of the house for 12 hrs away from my baby. i have therefore decided to set up my own business. i would like to have another baby next year but im worried about the finances, how much do i need to earn or contribute in order to claim MA? many thanks

    Editor: Hi, for MA you need to have worked in an employed or self-employed capacity for 26 weeks in the 66 weeks leading up to your baby's due date. You need also to have earned at least £30 a week in any 13-week period within those 66 weeks. You can apply via your local JobCentre Plus.

  • Anonymous says:

    hi, i have recently returned to work after having my daughter, my flexi working has been rejected and i thererore am in a position where i am working 5 days, out of the house for 12 hrs away from my baby. i have therefore decided to set up my own business. i would like to have another baby next year but im worried about the finances, how much do i need to earn or contribute in order to claim MA? many thanks

    Editor: Hi, for MA you need to have worked in an employed or self-employed capacity for 26 weeks in the 66 weeks leading up to your baby's due date. You need also to have earned at least £30 a week in any 13-week period within those 66 weeks. You can apply via your local JobCentre Plus.

  • Anonymous says:

    Hello, my daughter has her own business and is entitled to MA. She intends to have someone else take her classes whilst receiving MA. Can she observe any of these classes (not teaching nor taking any income for this) without that using up a KIT day?
    Also can she attend any of her business events/parties run by others just as a social exercise again without counting as a KIT day?
    Thank you.

    Editor: As long as it is unpaid work it is fine to do this and she will not lose MA.

  • Anonymous says:

    Hello, my daughter has her own business and is entitled to MA. She intends to have someone else take her classes whilst receiving MA. Can she observe any of these classes (not teaching nor taking any income for this) without that using up a KIT day?
    Also can she attend any of her business events/parties run by others just as a social exercise again without counting as a KIT day?
    Thank you.

    Editor: As long as it is unpaid work it is fine to do this and she will not lose MA.

  • Anonymous says:

    Hello, I set up my own limited company 10 weeks ago. I am the director and the sole employee. Can I still claim maternity allowance if my company still brings in money whilst I am not working? I would not receive a salary for 4 months, but the company would continue to make money…

    Editor: You can draw profits, but you cannot do any paid work during the period you are claiming MA.

  • Anonymous says:

    Hello, I set up my own limited company 10 weeks ago. I am the director and the sole employee. Can I still claim maternity allowance if my company still brings in money whilst I am not working? I would not receive a salary for 4 months, but the company would continue to make money…

    Editor: You can still draw profits as long as you do not do any actual paid work.

  • Anonymous says:

    Hello, I set up my own limited company 10 weeks ago. I am the director and the sole employee. Can I still claim maternity allowance if my company still brings in money whilst I am not working? I would not receive a salary for 4 months, but the company would continue to make money…

    Editor: You can draw profits, but you cannot do any paid work during the period you are claiming MA.

  • Anonymous says:

    Hello, I set up my own limited company 10 weeks ago. I am the director and the sole employee. Can I still claim maternity allowance if my company still brings in money whilst I am not working? I would not receive a salary for 4 months, but the company would continue to make money…

    Editor: You can still draw profits as long as you do not do any actual paid work.

  • Anonymous says:

    Hi, I am self employed and run a business registered as a sole trader, i have no employees.
    I plan to apply for maternity allowance initially, as I know that I will not be able to work for the first few months to start with.
    My business does have a mind of its own, and generates money from online sales which go into my business account, but it is not until i file my tax return in april 2015 that i am able to see if i am turning enough of a profit to pay myself a wage. At the moment all the money generated goes back into the business – not as earnings. Once I have had the baby I will have to some how keep the business 'open' accepting sales, but i am unclear what this means for getting my maternity entitlement. Surely it is not considered working if you are not getting paid?
    Also how would the 10days work in this case, if you are just sending a few emails to keep the business open? – how can you account for your time?
    There seems to me many grey areas for a self employed mum to be.
    thanks you for any advice you may have.

    Editor: You are not allowed to do any paid work bar the 10 KIT days [any amount of hours worked on a day counts as one KIT day] without risking losing your MA. See http://www.nidirect.gov.uk/maternity-allowance

  • Anonymous says:

    Hi, I am self employed and run a business registered as a sole trader, i have no employees.
    I plan to apply for maternity allowance initially, as I know that I will not be able to work for the first few months to start with.
    My business does have a mind of its own, and generates money from online sales which go into my business account, but it is not until i file my tax return in april 2015 that i am able to see if i am turning enough of a profit to pay myself a wage. At the moment all the money generated goes back into the business – not as earnings. Once I have had the baby I will have to some how keep the business 'open' accepting sales, but i am unclear what this means for getting my maternity entitlement. Surely it is not considered working if you are not getting paid?
    Also how would the 10days work in this case, if you are just sending a few emails to keep the business open? – how can you account for your time?
    There seems to me many grey areas for a self employed mum to be.
    thanks you for any advice you may have.

    Editor: You are not allowed to do any paid work bar the 10 KIT days [any amount of hours worked on a day counts as one KIT day] without risking losing your MA. See http://www.nidirect.gov.uk/maternity-allowance

  • Anonymous says:

    Hi,
    I am a manager in charge of self employed drivers, one of these drivers is 6 months pregnant and i am being asked by our contractor to let her go as the work we undertake can be classed as strenuous. I have spoken to her on this and she claims that she is fine to carry on for the next 6 weeks and would like to work even more days. My boss is now on my back regarding this as he has been emailed directly. She is a fantastic worker and a credit to our business, but i am not sure as to where to go from here as i cannot ease her workload. Can i terminate her contract due to the strenuous nature of the business or is this deemed unacceptable or even illegal as she believes that she is fine to carry on for the remaining 6 weeks that she intends too work.

    Editor: Our HR expert Sandra Beale says: I would recommend a full maternity H&S risk assessment.  If the work is considered to put her at risk the company should look at offering suitable alternative work until she goes on maternity leave, if there is nothing she must be sent home on full pay until her maternity pay kicks in.  Certainly there should be no dismissal.  Sandra does have a template for a maternity risk assessment available if you want to email her on  info@sjbealehrconsult.co.uk

  • Anonymous says:

    Hi,
    I am a manager in charge of self employed drivers, one of these drivers is 6 months pregnant and i am being asked by our contractor to let her go as the work we undertake can be classed as strenuous. I have spoken to her on this and she claims that she is fine to carry on for the next 6 weeks and would like to work even more days. My boss is now on my back regarding this as he has been emailed directly. She is a fantastic worker and a credit to our business, but i am not sure as to where to go from here as i cannot ease her workload. Can i terminate her contract due to the strenuous nature of the business or is this deemed unacceptable or even illegal as she believes that she is fine to carry on for the remaining 6 weeks that she intends too work.

    Editor: Our HR expert Sandra Beale says: I would recommend a full maternity H&S risk assessment.  If the work is considered to put her at risk the company should look at offering suitable alternative work until she goes on maternity leave, if there is nothing she must be sent home on full pay until her maternity pay kicks in.  Certainly there should be no dismissal.  Sandra does have a template for a maternity risk assessment available if you want to email her on  info@sjbealehrconsult.co.uk

  • Anonymous says:

    Hi,

    I am about to register as a self-employed and I am already pregnant (10 weeks). I will be working for a company full time. I am just woundering is it not too late to register for self-employed in order to receive MA ?

    Editor: To qualify for MA you just need to have been working for at least 26 weeks in the 66 weeks before your baby's due date in either an employed or self employed capacity and to have earned £30 a week in any 13-week period within those 66 weeks. You can claim MA through your local Jobcentre Plus.

  • Anonymous says:

    Hi,

    I am about to register as a self-employed and I am already pregnant (10 weeks). I will be working for a company full time. I am just woundering is it not too late to register for self-employed in order to receive MA ?

    Editor: To qualify for MA you just need to have been working for at least 26 weeks in the 66 weeks before your baby's due date in either an employed or self employed capacity and to have earned £30 a week in any 13-week period within those 66 weeks. You can claim MA through your local Jobcentre Plus.

  • Anonymous says:

    I'm completing my tax return for 2013/2014, having been on Maternity Allowance from May 2013 to February 2014. Is there anywhere on my self assessment form that I can submit my MA 'income'? Otherwise my income is obviously much less than usual. Thank you for any help!

    Editor: MA is not taxable income – see http://www.hmrc.gov.uk/incometax/taxable-income.htm - so doesn't have to be mentioned on a tax return.

  • Anonymous says:

    I'm completing my tax return for 2013/2014, having been on Maternity Allowance from May 2013 to February 2014. Is there anywhere on my self assessment form that I can submit my MA 'income'? Otherwise my income is obviously much less than usual. Thank you for any help!

    Editor: MA is not taxable income – see http://www.hmrc.gov.uk/incometax/taxable-income.htm - so doesn't have to be mentioned on a tax return.

  • Anonymous says:

    Hi, I'm self employed/sole trader. I'm thinking of having another baby. I will be entitled to maternity allowance. I've set up a small business running classes. Can I pay someone else to tutor the classes until I go back? I need to keep the business growing and keep the classes going. I wouldnt be paying myself anything while I'm on MA. I can't just stop the business running while I'm off or all my hard work setting up the business would be a waste.

    Editor: This is allowed as long as you do not do any work yourself.

  • Anonymous says:

    Hi, I'm self employed/sole trader. I'm thinking of having another baby. I will be entitled to maternity allowance. I've set up a small business running classes. Can I pay someone else to tutor the classes until I go back? I need to keep the business growing and keep the classes going. I wouldnt be paying myself anything while I'm on MA. I can't just stop the business running while I'm off or all my hard work setting up the business would be a waste.

    Editor: This is allowed as long as you do not do any work yourself.

  • Anonymous says:

    Hi,
    I am a secondary school teacher and also have a part time job of three hours a week at a college. When I go on maternity leave I will claim SMP from the school. Can I still got to my college job of 3 hours a week? Thanks

    Editor: Have you been doing this job from before the 26th week of your pregnancy? If so, you can continue to work without your SMP being affected.

  • Anonymous says:

    Hi,
    I am a secondary school teacher and also have a part time job of three hours a week at a college. When I go on maternity leave I will claim SMP from the school. Can I still got to my college job of 3 hours a week? Thanks

    Editor: Have you been doing this job from before the 26th week of your pregnancy? If so, you can continue to work without your SMP being affected.

  • Anonymous says:

    Hello if you can help I would be greatful I'm planning my second child and I am now self employed I work 21 hours a week and wondered if I was entitled to SMP ? As a friend who is self employed and has just had her first child said you had to work 31 hours a week to be entitled to it? Thanks .

    Editor: As a self employed person you would be entitled to Maternity Allowance rather than SMP. This is based on your having worked for 26 weeks in the 66 weeks leading up to your baby's due date and earning at least £30 in any 13-week period in those 66 weeks. You can apply for this through your local Jobcentre Plus.

  • Anonymous says:

    Hello if you can help I would be greatful I'm planning my second child and I am now self employed I work 21 hours a week and wondered if I was entitled to SMP ? As a friend who is self employed and has just had her first child said you had to work 31 hours a week to be entitled to it? Thanks .

    Editor: As a self employed person you would be entitled to Maternity Allowance rather than SMP. This is based on your having worked for 26 weeks in the 66 weeks leading up to your baby's due date and earning at least £30 in any 13-week period in those 66 weeks. You can apply for this through your local Jobcentre Plus.

  • Anonymous says:

    Hi. I'm self-employed in a business partnership (with husband). Will I need to include the Maternity Allowance money I receive on my tax return as income? Also, if the Partnership still earns income whilst I'm on maternity because my husband is working and earning, can I still claim my share of the partnerships profits? Thanks

    Editor: MA is not taxable (whereas SMP is). You can still draw from the profits of the company without MA being affected as long as you do not work.

  • Anonymous says:

    Hi. I'm self-employed in a business partnership (with husband). Will I need to include the Maternity Allowance money I receive on my tax return as income? Also, if the Partnership still earns income whilst I'm on maternity because my husband is working and earning, can I still claim my share of the partnerships profits? Thanks

    Editor: MA is not taxable (whereas SMP is). You can still draw from the profits of the company without MA being affected as long as you do not work.

  • Anonymous says:

    Hi. I have recently set up a small business and I'm in the process of registering with HMRC. I also work part time and will be starting maternity leave in a couple of months. Will the additional taxable income from my business mean i'm not eligible for SMP from my employed job, or will it be unaffected?

    Editor: It will not affect your SMP.

  • Anonymous says:

    Hi. I have recently set up a small business and I'm in the process of registering with HMRC. I also work part time and will be starting maternity leave in a couple of months. Will the additional taxable income from my business mean i'm not eligible for SMP from my employed job, or will it be unaffected?

    Editor: It will not affect your SMP.

  • Anonymous says:

    Hi

    My baby is due is December 2014. I worked unti January 2014 and have 19 weeks of employment already. Do the 26 weeks required have be only employment or only self employment or can it be a mixture of both. I am now planning to go self employed so will this be counted towards the 26 weeks.

    Editor: They can be a mixture of both and they don't have to be continuous.

  • Anonymous says:

    Hi

    My baby is due is December 2014. I worked unti January 2014 and have 19 weeks of employment already. Do the 26 weeks required have be only employment or only self employment or can it be a mixture of both. I am now planning to go self employed so will this be counted towards the 26 weeks.

    Editor: They can be a mixture of both and they don't have to be continuous.

  • Anonymous says:

    I was three month pregnat when i got a permanet job on the 1march 2014.i will begoing to martenity leave on the 1august 2014 do i qualify for martenity benefits.

    Editor: If you were pregnant before you got the job, you will not qualify for SMP unless you were on some other kind of contract with the same employer beforehand which ran into the permanent one. However, you may qualify for Maternity Allowance if you have worked for 26 weeks in the 66 weeks leading up to your baby's due date. You can apply through your local Jobcentre Plus.

  • Anonymous says:

    I was three month pregnat when i got a permanet job on the 1march 2014.i will begoing to martenity leave on the 1august 2014 do i qualify for martenity benefits.

    Editor: If you were pregnant before you got the job, you will not qualify for SMP unless you were on some other kind of contract with the same employer beforehand which ran into the permanent one. However, you may qualify for Maternity Allowance if you have worked for 26 weeks in the 66 weeks leading up to your baby's due date. You can apply through your local Jobcentre Plus.

  • Anonymous says:

    Hello,
    I have a small business and have a limited company and I am a sole employee. I have not paid myself any wages since I set up the company. I gave birth already to a baby but wondered if it is worthwhile trying to get MA?

    Thanks!

    Editor: To claim MA you need to have earned at least £30 a week in any 13-week period in the 66 weeks leading up to your baby's due date. If this is the case, check with your local JobCentre Plus on claiming it retrospectively.

  • Anonymous says:

    Hello,
    I have a small business and have a limited company and I am a sole employee. I have not paid myself any wages since I set up the company. I gave birth already to a baby but wondered if it is worthwhile trying to get MA?

    Thanks!

    Editor: To claim MA you need to have earned at least £30 a week in any 13-week period in the 66 weeks leading up to your baby's due date. If this is the case, check with your local JobCentre Plus on claiming it retrospectively.

  • Anonymous says:

    Hi
    Please help
    I'm currently on maternity and I'm returning to work next month and I'll be 9 weeks pregnant.
    Will I qualify for smp again or not?

    Editor: If you are earning an average of at least £109 in the eight weeks leading up to your 26th week of pregnancy adn are still in your job at this stage you should get SMP.

     

  • Anonymous says:

    Hi
    Please help
    I'm currently on maternity and I'm returning to work next month and I'll be 9 weeks pregnant.
    Will I qualify for smp again or not?

    Editor: If you are earning an average of at least £109 in the eight weeks leading up to your 26th week of pregnancy adn are still in your job at this stage you should get SMP.

     

  • Anonymous says:

    Hi there! I don't think I have seen a query like mine yet! My sister is currently 32 weeks pregnant and eligible for Maternity Allowance however she is behind on her National Insurance contributions from being self-employed. Does she have to pay off all of her arrears to be eligible for MA or can she just ensure that those for her test period are paid off to be able to claim (and she pay the remainder off later). Thank you!

    Editor: Our tax expert Des Desai says: One of the qualifiers  for Maternity Allowance is the payment of Class 2 National Insurance Contributions in the “Test” period (ie the 66 weeks before Maternity Leave). Many people pay the £2.60 weekly payment by Direct Debit Monthly, Quarterly or even Annually so you would need to check with HMRC. Then again, if you are under the £111 week earnings threshold you can apply for an exemption from the payment of the National Insurance. If your profit in the tax year is less  than £5,885 you can apply for exemption from NI  or a Refund retrospectively.

     

  • Anonymous says:

    Hi there! I don't think I have seen a query like mine yet! My sister is currently 32 weeks pregnant and eligible for Maternity Allowance however she is behind on her National Insurance contributions from being self-employed. Does she have to pay off all of her arrears to be eligible for MA or can she just ensure that those for her test period are paid off to be able to claim (and she pay the remainder off later). Thank you!

    Editor: Our tax expert Des Desai says: One of the qualifiers  for Maternity Allowance is the payment of Class 2 National Insurance Contributions in the “Test” period (ie the 66 weeks before Maternity Leave). Many people pay the £2.60 weekly payment by Direct Debit Monthly, Quarterly or even Annually so you would need to check with HMRC. Then again, if you are under the £111 week earnings threshold you can apply for an exemption from the payment of the National Insurance. If your profit in the tax year is less  than £5,885 you can apply for exemption from NI  or a Refund retrospectively.

     

  • Anonymous says:

    Hiya I am employed and work 16 hours a week getting around 100 a week I am also self employed, will I be entilted to maternity pay from my employer?

    Editor: To qualify for SMP you would need to have got pregnant after you started work with your employer and still be pregnant as of the 26th week of your pregnancy. You would also need to be earning an average of at least £109 a week in the eight weeks leading up to the 26th week of your pregnancy. Otherwise, you should qualify for Maternity Allowance which can be claimed via your local JobCentre Plus – see https://www.gov.uk/maternity-allowance/overview

  • Anonymous says:

    Hiya I am employed and work 16 hours a week getting around 100 a week I am also self employed, will I be entilted to maternity pay from my employer?

    Editor: To qualify for SMP you would need to have got pregnant after you started work with your employer and still be pregnant as of the 26th week of your pregnancy. You would also need to be earning an average of at least £109 a week in the eight weeks leading up to the 26th week of your pregnancy. Otherwise, you should qualify for Maternity Allowance which can be claimed via your local JobCentre Plus – see https://www.gov.uk/maternity-allowance/overview

  • Anonymous says:

    I am a self employed beauty therapist (sole trader) and I qualify for MA. If I subcontract a beauty therapist to take over my clients whilst I'm on maternity leave (and I do not work in this time, I just pay the other beauty therapist a salary and I take the profits from the business) will I definitely still receive MA up until I am ready to start working again? Many thanks

    Editor: As long as you do no paid work you should continue to get MA, but you will have to pay any employee's tax and NI.

  • Anonymous says:

    I'm currently on maternity leave with my job in a coffee shop. I'd like to start working self employed from home on top of my SMP. Am I able to do this without affecting my maternity pay?

    Editor: You can do self employed work without it affecting SMP. You cannot, however, do any self employed work if you are claiming Maternity Allowance.

  • Anonymous says:

    I am a self employed beauty therapist (sole trader) and I qualify for MA. If I subcontract a beauty therapist to take over my clients whilst I'm on maternity leave (and I do not work in this time, I just pay the other beauty therapist a salary and I take the profits from the business) will I definitely still receive MA up until I am ready to start working again? Many thanks

    Editor: As long as you do no paid work you should continue to get MA, but you will have to pay any employee's tax and NI.

  • Anonymous says:

    I'm currently on maternity leave with my job in a coffee shop. I'd like to start working self employed from home on top of my SMP. Am I able to do this without affecting my maternity pay?

    Editor: You can do self employed work without it affecting SMP. You cannot, however, do any self employed work if you are claiming Maternity Allowance.

  • Anonymous says:

    I am self employed in manual work and can not do my job during my pregnancy. From what I understand my maternity allowance can't start till nearer the end of my pregnancy. Although very great full for the allowance, it will kinda work backwards for me. Because of my circumstances I can work soon after I have my baby, just not before. Is there any way around when I can claim ect? I am paying NI and I am registered x

    Editor: Try http://www.turn2us.org.uk who will be able to help with any support you can claim.

  • Anonymous says:

    I am self employed in manual work and can not do my job during my pregnancy. From what I understand my maternity allowance can't start till nearer the end of my pregnancy. Although very great full for the allowance, it will kinda work backwards for me. Because of my circumstances I can work soon after I have my baby, just not before. Is there any way around when I can claim ect? I am paying NI and I am registered x

    Editor: Try http://www.turn2us.org.uk who will be able to help with any support you can claim.

  • Anonymous says:

    In the last tax year (on which my 'test period' is calculated) I was both employed and self employed. I don't qualify for Statutory MP as I was on a zero hours contract and hadn't worked enough days. But I do qualify for Maternity Allowance based on my earnings from the zero-hours contract employment in my test period. However, I am still self employed and have been earning through that freelance work. My question is this: The benefits people rang to say that they wanted to change the dates that my MA is paid to me (something to do with the dates which MA was calculated from my employed income means that they need to have made 1st payments to me earlier than I was expecting). So they've brought forward my MA payments even though I'm still not officially on Maternity leave. So, I've invoiced for freelance work in the time that they now count me as on Maternity Allowance. So, am I allowed to earn as a freelancer and claim MA at the same time?

    Complected, I know. I hope I've made that make sense.

    Editor: You cannot work while claimed MA, except for the 10 Keeping in Touch days you are allowed.

  • Anonymous says:

    In the last tax year (on which my 'test period' is calculated) I was both employed and self employed. I don't qualify for Statutory MP as I was on a zero hours contract and hadn't worked enough days. But I do qualify for Maternity Allowance based on my earnings from the zero-hours contract employment in my test period. However, I am still self employed and have been earning through that freelance work. My question is this: The benefits people rang to say that they wanted to change the dates that my MA is paid to me (something to do with the dates which MA was calculated from my employed income means that they need to have made 1st payments to me earlier than I was expecting). So they've brought forward my MA payments even though I'm still not officially on Maternity leave. So, I've invoiced for freelance work in the time that they now count me as on Maternity Allowance. So, am I allowed to earn as a freelancer and claim MA at the same time?

    Complected, I know. I hope I've made that make sense.

    Editor: You cannot work while claimed MA, except for the 10 Keeping in Touch days you are allowed.

  • Anonymous says:

    I am self employed and use subcontractors to help with work load. I will have to apply for maternity allowance. I see you can have kit days. Is there a limit to how much you can earn on these days without it affecting your allowance?

    Editor: Our tax expert Des Desai says: The self employed are assessed on Profit not Turnover as far as all benefits are concerned and as it is impossible to calculate individual days profit accurately and fairly I don’t think there is an issue here.

  • Anonymous says:

    I am self employed and use subcontractors to help with work load. I will have to apply for maternity allowance. I see you can have kit days. Is there a limit to how much you can earn on these days without it affecting your allowance?

    Editor: Our tax expert Des Desai says: The self employed are assessed on Profit not Turnover as far as all benefits are concerned and as it is impossible to calculate individual days profit accurately and fairly I don’t think there is an issue here.

  • Anonymous says:

    Hi

    I am currently on SMP and I am considering registering as self employed to earn a second income.

    I have been advised that if I were to do this it would effect my entitlement to SMP. Can you please confirm whether this is correct.

    Editor: The Government's DWP website says: "If you do any work in a self-employed capacity during your Maternity Pay Period, then such work will not affect your SMP."

  • Anonymous says:

    I currently work full time as a nanny, and am setting up a small craft business. I go on maternity leave in 6 weeks, can I continue with my own business without it affecting my SMP? and could you you point me in the right direction for registering this new business please?
    Many Thanks

    Editor: You can do self employed work without affecting your SMP. You should let HMRC know about your new business - http://www.hmrc.gov.uk/businesses/iwtregister-a-new-business.shtml

  • Anonymous says:

    Hi

    I am currently on SMP and I am considering registering as self employed to earn a second income.

    I have been advised that if I were to do this it would effect my entitlement to SMP. Can you please confirm whether this is correct.

    Editor: The Government's DWP website says: "If you do any work in a self-employed capacity during your Maternity Pay Period, then such work will not affect your SMP."

  • Anonymous says:

    I currently work full time as a nanny, and am setting up a small craft business. I go on maternity leave in 6 weeks, can I continue with my own business without it affecting my SMP? and could you you point me in the right direction for registering this new business please?
    Many Thanks

    Editor: You can do self employed work without affecting your SMP. You should let HMRC know about your new business - http://www.hmrc.gov.uk/businesses/iwtregister-a-new-business.shtml

  • Anonymous says:

    Can I set up my own business whilst claiming SMP?

    Editor: The DWP website says: "If you do any work in a self-employed capacity during your maternity pay period, then such work will not affect your SMP”. Just check your contract to see if it says anything about this.

  • Anonymous says:

    Hi, I work for a company and decided to set up my own business at the same time, just 3 months before the due date. I am qualified for SMP and my employer is going to sort this out for me but I was wondering if I could work in my own business (sole trader) whilst I am maternity leave without loosing the SMP? Many thanks for taking your time to get back to me. Kind regards

    Editor: You can work on a self-employed basis without your SMP being affected.

  • Anonymous says:

    Can I set up my own business whilst claiming SMP?

    Editor: The DWP website says: "If you do any work in a self-employed capacity during your maternity pay period, then such work will not affect your SMP”. Just check your contract to see if it says anything about this.

  • Anonymous says:

    Hi, I work for a company and decided to set up my own business at the same time, just 3 months before the due date. I am qualified for SMP and my employer is going to sort this out for me but I was wondering if I could work in my own business (sole trader) whilst I am maternity leave without loosing the SMP? Many thanks for taking your time to get back to me. Kind regards

    Editor: You can work on a self-employed basis without your SMP being affected.

  • Anonymous says:

    Hi, I work for a company and decided to set up my own business at the same time, just 3 months before the due date. I am qualified for SMP and my employer is going to sort this out for me but I was wondering if I could work in my own business (sole trader) whilst I am maternity leave without loosing the SMP? Many thanks for taking your time to get back to me. Kind regards

    Editor: The DWP website states: "If you do any work in a self-employed capacity during your maternity pay period, then such work will not affect your SMP”. Just check that your contract of employment does not prohibit self-employment as you’re still classed as ‘employed’ when on maternity leave.

  • Anonymous says:

    Hi, I work for a company and decided to set up my own business at the same time, just 3 months before the due date. I am qualified for SMP and my employer is going to sort this out for me but I was wondering if I could work in my own business (sole trader) whilst I am maternity leave without loosing the SMP? Many thanks for taking your time to get back to me. Kind regards

    Editor: The DWP website states: "If you do any work in a self-employed capacity during your maternity pay period, then such work will not affect your SMP”. Just check that your contract of employment does not prohibit self-employment as you’re still classed as ‘employed’ when on maternity leave.

  • Anonymous says:

    Hi I am self employed and I am currently on Maternity Allowance. We are going to be renting out our house and I will therefore be receiving income from the rent received in the last few months of my maternity allowance. Will this effect my maternity allowance payments as I will be receiving a very small income from it?

    Editor: Our tax expert Des Desai says it will not affect your MA as this is based on your status as self employed.

  • Anonymous says:

    Hi I am self employed and I am currently on Maternity Allowance. We are going to be renting out our house and I will therefore be receiving income from the rent received in the last few months of my maternity allowance. Will this effect my maternity allowance payments as I will be receiving a very small income from it?

    Editor: Our tax expert Des Desai says it will not affect your MA as this is based on your status as self employed.

  • Anonymous says:

    my employers are going into administration and im due to start maternity leave at the end of the week. ive been told it can take up to several months for my maternity pay to be given back to me. what benefits can i claim in the meantime. my due date is in 2 weeks. Thanks.

    Editor: For information on benefits, go to http://www.turn2us.org.uk

  • Anonymous says:

    my employers are going into administration and im due to start maternity leave at the end of the week. ive been told it can take up to several months for my maternity pay to be given back to me. what benefits can i claim in the meantime. my due date is in 2 weeks. Thanks.

    Editor: For information on benefits, go to http://www.turn2us.org.uk

  • Anonymous says:

    I started a new full time job when I was four months pregnant so did not qualify for SMP with my new employers. Some consultancy work has become available to me, which can be done at any time from home so ideal with a four month old baby. Am I correct in thinking that taking on the self employed freelance work would result in my MA stopping? But if I was on SMP I could work as many self employed hours as I like? This seems rather unjust.

    Editor: I am afraid you can only work for 10 days during the maternity period without losing MA – see http://www.nidirect.gov.uk/maternity-allowance

  • Anonymous says:

    I started a new full time job when I was four months pregnant so did not qualify for SMP with my new employers. Some consultancy work has become available to me, which can be done at any time from home so ideal with a four month old baby. Am I correct in thinking that taking on the self employed freelance work would result in my MA stopping? But if I was on SMP I could work as many self employed hours as I like? This seems rather unjust.

    Editor: I am afraid you can only work for 10 days during the maternity period without losing MA – see http://www.nidirect.gov.uk/maternity-allowance

  • Anonymous says:

    Thanks for your response, the company does allow KIT days I think it's 10 but I won't be using the KIT days with them I wouldn't imagine. So can I earn money from my own business and work once I'm on maternity leave and receiving SMA ?

    Editor: Does it say anything about doing self employed work during maternity leave in your maternity policy? For SMP, this is fine. KIT days are for the job you are getting maternity pay for.

  • Anonymous says:

    Hello, I am employed full time and run a small business, I'm Due to go off on maternity leave soon & wondered am I only allowed to work a certain amount of kit days whilst my employer contributes to my maternity but once I reduce down to SMP I'm entitied to work as many hours as I want for my own business? Can I use the KIt days to work on my own business or must this be for my full time employer

    Thank you in advance.

    Editor: You need to check your company maternity policy to see what it says about working during maternity leave. KIT days would be for the job you are getting maternity pay for.

  • Anonymous says:

    Thanks for your response, the company does allow KIT days I think it's 10 but I won't be using the KIT days with them I wouldn't imagine. So can I earn money from my own business and work once I'm on maternity leave and receiving SMA ?

    Editor: Does it say anything about doing self employed work during maternity leave in your maternity policy? For SMP, this is fine. KIT days are for the job you are getting maternity pay for.

  • Anonymous says:

    Hello, I am employed full time and run a small business, I'm Due to go off on maternity leave soon & wondered am I only allowed to work a certain amount of kit days whilst my employer contributes to my maternity but once I reduce down to SMP I'm entitied to work as many hours as I want for my own business? Can I use the KIt days to work on my own business or must this be for my full time employer

    Thank you in advance.

    Editor: You need to check your company maternity policy to see what it says about working during maternity leave. KIT days would be for the job you are getting maternity pay for.

  • Anonymous says:

    Hi,
    I am employed as a sonographer's assistant. I'm employed on a 20 hour a week contract meaning I qualify for working tax and child tax credits. I'm on maternity leave following my 2nd child. I have however set up as a Juice Plus distributor. I don't get a set amount of money just what I earn on orders. Is this okay to do? I am receiving SMP.

    Editor: You can do self employed work without losing SMP.

  • Anonymous says:

    Hi,
    I am employed as a sonographer's assistant. I'm employed on a 20 hour a week contract meaning I qualify for working tax and child tax credits. I'm on maternity leave following my 2nd child. I have however set up as a Juice Plus distributor. I don't get a set amount of money just what I earn on orders. Is this okay to do? I am receiving SMP.

    Editor: You can do self employed work without losing SMP.

  • Anonymous says:

    I run a business as a sole trader providing recruitment. I will be taking maternity leave and allowance however will try to keep the business running slowly after a few months. How will I do this and still claim for MA up to the 39 weeks?

    Editor: You cannot do any paid work without losing MA, but you can draw down profits from your business. 

  • Anonymous says:

    I run a business as a sole trader providing recruitment. I will be taking maternity leave and allowance however will try to keep the business running slowly after a few months. How will I do this and still claim for MA up to the 39 weeks?

    Editor: You cannot do any paid work without losing MA, but you can draw down profits from your business. 

  • Anonymous says:

    Hi
    I am a nurse and while on maternity leave I have opened my own limited liability company. Am I allowed to work as self employed?

    Editor: You are for the purposes of SMP. Are you just on SMP? If you are on Occupational Maternity Pay, you would need to check your maternity policy.

  • Anonymous says:

    Hi
    I am a nurse and while on maternity leave I have opened my own limited liability company. Am I allowed to work as self employed?

    Editor: You are for the purposes of SMP. Are you just on SMP? If you are on Occupational Maternity Pay, you would need to check your maternity policy.

  • Anonymous says:

    Hi,

    I was working full time and am now on maternity leave. My OMP is due to finish and then I will be on SMP. I was wondering whether I can teach yoga once or twice a week, whilst I am on maternity leave or would this effect my SMP?

    Editor: Would this be on a self employed basis? You can work self employed without losing SMP, but if you are employed [ie your tax and NI is paid by an employer] your SMP will stop the week you start work. Also check your company maternity policy about second jobs.

  • Anonymous says:

    Hello I am a self employed painter and decorator and earned nothing so far and been self employed since January. My 2nd baby is due in July am I entitled to maternity allowance and how do I go out getting it if I am.

    Editor: For MA, you would need to be earning at least £30 a week in any 13 week period in the 66 weeks before your baby's due date and to have been self employed or employed for 26 weeks out of the 66 weeks leading up to your baby's due date. You can claim MA from your local Jobcentre Plus.

  • Anonymous says:

    Hi,

    I work full time but recently started my own small wedding business. I don't pay myself a wage as all the money will be going be back into the business in the first few years. Will I still be able to claim statutory maternity pay from my employed job if I were to go on maternity leave?

    Thanks

    Editor: Yes, as long as you qualify for SMP for your first job in terms of being in the job before you get pregnant, still being there at 26 weeks and earning an average of at least £109 in the eight weeks leading up to your 26th week of pregnancy.

  • Anonymous says:

    Hi,

    I was working full time and am now on maternity leave. My OMP is due to finish and then I will be on SMP. I was wondering whether I can teach yoga once or twice a week, whilst I am on maternity leave or would this effect my SMP?

    Editor: Would this be on a self employed basis? You can work self employed without losing SMP, but if you are employed [ie your tax and NI is paid by an employer] your SMP will stop the week you start work. Also check your company maternity policy about second jobs.

  • Anonymous says:

    Hello I am a self employed painter and decorator and earned nothing so far and been self employed since January. My 2nd baby is due in July am I entitled to maternity allowance and how do I go out getting it if I am.

    Editor: For MA, you would need to be earning at least £30 a week in any 13 week period in the 66 weeks before your baby's due date and to have been self employed or employed for 26 weeks out of the 66 weeks leading up to your baby's due date. You can claim MA from your local Jobcentre Plus.

  • Anonymous says:

    Hi,

    I work full time but recently started my own small wedding business. I don't pay myself a wage as all the money will be going be back into the business in the first few years. Will I still be able to claim statutory maternity pay from my employed job if I were to go on maternity leave?

    Thanks

    Editor: Yes, as long as you qualify for SMP for your first job in terms of being in the job before you get pregnant, still being there at 26 weeks and earning an average of at least £109 in the eight weeks leading up to your 26th week of pregnancy.

  • Anonymous says:

    Hi. I'm self employed have been working since april last yr and will continue until June this year. I pay national insurance but havent earnt anything yet as business is in early stages. Will i qualify for any maternity benefits, do I have to be earning a certain amount and working for so many hours? Thks

    Editor: For Maternity Allowance, you need to have earned at least £30 in any 13-week period in the 66 weeks before your baby's due date.

  • Anonymous says:

    Hi. I'm self employed have been working since april last yr and will continue until June this year. I pay national insurance but havent earnt anything yet as business is in early stages. Will i qualify for any maternity benefits, do I have to be earning a certain amount and working for so many hours? Thks

    Editor: For Maternity Allowance, you need to have earned at least £30 in any 13-week period in the 66 weeks before your baby's due date.

  • Anonymous says:

    I have a small shop that I sell second hand goods from. I draw a wage from this business. Am I allowed to continue working while claiming SMP as long as I don't continue to claim this wage.

    Editor: Our tax expert Des Desai says: If you are self employed you would be getting Maternity Allowance and your wages would in fact be drawings from profit. If you are employed as an owner managed company I still don’t see the problem so long as you do not draw a wage. 

     

  • Anonymous says:

    I have a small shop that I sell second hand goods from. I draw a wage from this business. Am I allowed to continue working while claiming SMP as long as I don't continue to claim this wage.

    Editor: Our tax expert Des Desai says: If you are self employed you would be getting Maternity Allowance and your wages would in fact be drawings from profit. If you are employed as an owner managed company I still don’t see the problem so long as you do not draw a wage. 

     

  • Anonymous says:

    I have been with the same Umbrella company for over 5 years. I do not have a current job role with them at the moment. Am I entitled to any help?

    Editor: Are you asking about maternity pay? If you have been an employee for five years, paying NI and tax through payroll, and are still in the company by the 26th week of your pregnancy and earn at least £109 a week in the eight weeks leading up to your 26th week you should get SMP.

  • Anonymous says:

    I have been with the same Umbrella company for over 5 years. I do not have a current job role with them at the moment. Am I entitled to any help?

    Editor: Are you asking about maternity pay? If you have been an employee for five years, paying NI and tax through payroll, and are still in the company by the 26th week of your pregnancy and earn at least £109 a week in the eight weeks leading up to your 26th week you should get SMP.

  • Anonymous says:

    Hi there, I've looked through all the answers above but no one seems to have the same question as me….

    I'm considering having a baby and this is my situation:
    I'm employed full time with local government and am entitled to a great maternity package. I'm paid via a monthly wage.
    I also work as a casual worker 4 hours a week for the same company and this money is paid through my monthly wage too
    I'm also self employed and work 4 hours a week for myself.

    Questions : can I continue my self employment work whilst on maternity leave without losing any of my maternity pay (company or statutory)?
    Can I continue my casual work or will this have to cease as the company are paying me maternity pay?

    Editor: If this is an enhanced maternity pay package as I suspect, you would have to check the maternity policy on whether you can continue the self-employed work while on maternity leave. You could do if you are just paid SMP. On the casual work, if your NI and tax are paid for this job in conjunction with your main job,  you could not usually do any casual work during your maternity leave without losing maternity pay.

     

  • Anonymous says:

    Hi there, I've looked through all the answers above but no one seems to have the same question as me….

    I'm considering having a baby and this is my situation:
    I'm employed full time with local government and am entitled to a great maternity package. I'm paid via a monthly wage.
    I also work as a casual worker 4 hours a week for the same company and this money is paid through my monthly wage too
    I'm also self employed and work 4 hours a week for myself.

    Questions : can I continue my self employment work whilst on maternity leave without losing any of my maternity pay (company or statutory)?
    Can I continue my casual work or will this have to cease as the company are paying me maternity pay?

    Editor: If this is an enhanced maternity pay package as I suspect, you would have to check the maternity policy on whether you can continue the self-employed work while on maternity leave. You could do if you are just paid SMP. On the casual work, if your NI and tax are paid for this job in conjunction with your main job,  you could not usually do any casual work during your maternity leave without losing maternity pay.

     

  • Anonymous says:

    My husband and I started a Ltd. company on October 2nd 2013. I am a director – my husband is the only one that draws income from the company. I have been on a fixed term contract (treated as an employee) since April last year – the contract is finishing soon, but the company have said I am entitled to their enhanced maternity package, which they'll pay to me in one lump sum, before our new baby arrives at the end of July. My husband has now started working full-time for another company as an employee, so I am going to pick up the reigns on our Ltd. company. But the company I was originally working for want me to work for them as a consultant via my Ltd. company – how might this affect the lump sum they have paid me? Thanks you for your advice.

    Editor: You would have to check this with them as enhanced maternity pay packages vary according to the company. For SMP purposes you can do self employed work without losing SMP, but check your maternity pay policy.

  • Anonymous says:

    My husband and I started a Ltd. company on October 2nd 2013. I am a director – my husband is the only one that draws income from the company. I have been on a fixed term contract (treated as an employee) since April last year – the contract is finishing soon, but the company have said I am entitled to their enhanced maternity package, which they'll pay to me in one lump sum, before our new baby arrives at the end of July. My husband has now started working full-time for another company as an employee, so I am going to pick up the reigns on our Ltd. company. But the company I was originally working for want me to work for them as a consultant via my Ltd. company – how might this affect the lump sum they have paid me? Thanks you for your advice.

    Editor: You would have to check this with them as enhanced maternity pay packages vary according to the company. For SMP purposes you can do self employed work without losing SMP, but check your maternity pay policy.

  • Anonymous says:

    hi i'm self employed i started in March 2014, i have just found out that i'm pregnant and the baby is due in October 2014, will i still qualify for MA and will i be taxed on the MA.

    Editor: To qualify for MA you need to have worked for 26 weeks in the 66 weeks leading to your baby's due date and to have earned at least £30 in any 13-week period in those 66 weeks. You can apply via your local JobCentre Plus.

  • Anonymous says:

    hi i'm self employed i started in March 2014, i have just found out that i'm pregnant and the baby is due in October 2014, will i still qualify for MA and will i be taxed on the MA.

    Editor: To qualify for MA you need to have worked for 26 weeks in the 66 weeks leading to your baby's due date and to have earned at least £30 in any 13-week period in those 66 weeks. You can apply via your local JobCentre Plus.

  • Anonymous says:

    Hi, i am currently in the last 3 months of maternity leave so it is unpaid. I have just accepted a part time job which will be self employed. I dont want to hand my notice in with my current employee until 1 month before my maternity is due to finish as i want all of my holidays in pay. Am i allowed to be self employed with this new job whilst being on the end of my maternity leave.

    Editor: You can work as self employed without losing SMP in any event so it would have no effect even if you were in the paid section if you receive just SMP. You should check your contract though about doing other work.

  • Anonymous says:

    Hi I am full time nurse currently working for NHS. Recently opened my Limited company and I m doing some extra shifts for it. If I will go for SMP will I be still able to run my Limited company by the side of SMP? pls advice

    Editor: You can work on a self employed basis and still claim SMP.

  • Anonymous says:

    I worked at the NHS for full time and received SMP and been doing self employed job direct selling of cosmetics products I've been paying my tax can I still continue my self employment job while I am receiving my SMP? Should I inform my employer about this self employed job?

    Editor: Yes, you can still do your self employed job and not lose SMP if all you are getting is SMP and not enhanced maternity pay.

  • Anonymous says:

    Hi, i am currently in the last 3 months of maternity leave so it is unpaid. I have just accepted a part time job which will be self employed. I dont want to hand my notice in with my current employee until 1 month before my maternity is due to finish as i want all of my holidays in pay. Am i allowed to be self employed with this new job whilst being on the end of my maternity leave.

    Editor: You can work as self employed without losing SMP in any event so it would have no effect even if you were in the paid section if you receive just SMP. You should check your contract though about doing other work.

  • Anonymous says:

    Hi I am full time nurse currently working for NHS. Recently opened my Limited company and I m doing some extra shifts for it. If I will go for SMP will I be still able to run my Limited company by the side of SMP? pls advice

    Editor: You can work on a self employed basis and still claim SMP.

  • Anonymous says:

    I worked at the NHS for full time and received SMP and been doing self employed job direct selling of cosmetics products I've been paying my tax can I still continue my self employment job while I am receiving my SMP? Should I inform my employer about this self employed job?

    Editor: Yes, you can still do your self employed job and not lose SMP if all you are getting is SMP and not enhanced maternity pay.

  • Anonymous says:

    I have been self employed for the past two and a half years and have an accountant and pay tax. I earn a decent amount of money. My accountant recommended I set up as a limited company. My partner has been out of work for a long time and I fund our family. We have a one year old and I had to return to work out three months old to support our family. I'm desperate to have another baby and would like to know whether I would qualify for maternity allowance or smp. I earn the right amount of money to qualify but I don't pay myself a salary or anything I am just the director of the company and all the money is used each month on work resources or bills. How do I know I would definitely qualifying or do I need to become an employee or do or sign anything particlar first? Do I need to have had the limited company for a certain amount of time before conceiving despite being self employed before. We don't qualify for any benefits so I need to be careful as I support everyone but I'm desperate to have a bigger family as I love being a mum. Thanks.

    Editor: To qualify for SMP you would need to be an employee – see http://www.hmrc.gov.uk/working/intro/empstatus.htm. You can be an employee and director of your own company, but you would have to put yourself on the payroll and deduct NI and tax in the usual way for employees, etc. You should qualify for MA – you just need to have been self employed for 26 weeks in the 66 weeks leading up to your baby's due date and to have earned at least £30 a week in any 13-week period of those 66 weeks.

  • Anonymous says:

    I have been self employed for the past two and a half years and have an accountant and pay tax. I earn a decent amount of money. My accountant recommended I set up as a limited company. My partner has been out of work for a long time and I fund our family. We have a one year old and I had to return to work out three months old to support our family. I'm desperate to have another baby and would like to know whether I would qualify for maternity allowance or smp. I earn the right amount of money to qualify but I don't pay myself a salary or anything I am just the director of the company and all the money is used each month on work resources or bills. How do I know I would definitely qualifying or do I need to become an employee or do or sign anything particlar first? Do I need to have had the limited company for a certain amount of time before conceiving despite being self employed before. We don't qualify for any benefits so I need to be careful as I support everyone but I'm desperate to have a bigger family as I love being a mum. Thanks.

    Editor: To qualify for SMP you would need to be an employee – see http://www.hmrc.gov.uk/working/intro/empstatus.htm. You can be an employee and director of your own company, but you would have to put yourself on the payroll and deduct NI and tax in the usual way for employees, etc. You should qualify for MA – you just need to have been self employed for 26 weeks in the 66 weeks leading up to your baby's due date and to have earned at least £30 a week in any 13-week period of those 66 weeks.

  • Anonymous says:

    Hi I am currently on maternity leave from a company that are paying me company maternity pay (1/2 my salary for 9 months) and am due to go back at the end of May. I have just found out I am pregnant again and would start my next maternity leave on 3 August. I am also an owner of a business (very recently) I don't actually work there but will be taking a profit share. Can I still take the company maternity pay from my current employer as well as profit shares from my new business? I could make sure that I don't take a share until my maternity leave has finished but I would be accruing money in the business account…. Thanks.

    Editor: You should check your company maternity policy, but with SMP this would not be a problem as you can do self employed work and draw down company profits without SMP being affected.

  • Anonymous says:

    Hi, I am in partnership with my mother of a small business and am self employed and I know that I qualify for MA. I've always been paid a set amount from the business each month, if I stop work and claim MA can I still draw the same amount each month from the business as I always have? We are not a limited company so do not actually have a wage as such – just a drawing each month. Thanks.

    Editor: You’re still allowed to draw an income from your business while receiving MA – you’re just not allowed to do the work yourself. 

  • Anonymous says:

    Hi I am currently on maternity leave from a company that are paying me company maternity pay (1/2 my salary for 9 months) and am due to go back at the end of May. I have just found out I am pregnant again and would start my next maternity leave on 3 August. I am also an owner of a business (very recently) I don't actually work there but will be taking a profit share. Can I still take the company maternity pay from my current employer as well as profit shares from my new business? I could make sure that I don't take a share until my maternity leave has finished but I would be accruing money in the business account…. Thanks.

    Editor: You should check your company maternity policy, but with SMP this would not be a problem as you can do self employed work and draw down company profits without SMP being affected.

  • Anonymous says:

    Hi, I am in partnership with my mother of a small business and am self employed and I know that I qualify for MA. I've always been paid a set amount from the business each month, if I stop work and claim MA can I still draw the same amount each month from the business as I always have? We are not a limited company so do not actually have a wage as such – just a drawing each month. Thanks.

    Editor: You’re still allowed to draw an income from your business while receiving MA – you’re just not allowed to do the work yourself. 

  • Anonymous says:

    Hi there,

    I have been reading your forum with great interest. I have been researching this topic for a while now and have found that there is not much information out there and that some of it is conflicting. I am self-employed and am about to have a baby. I read up that you can do self-employed work and that your SMP would be unaffected, as you have mentioned in a few of your responses. So I assumed this would be exactly the same when earning MA. However, as you have also mentioned above, this is not the case. I was hoping to work for 2 hours a week whilst earning MA to maintain my business / relationships whist being on 'maternity leave' (although this is not then technically the term if you are self-employed?). I assumed I could then add up my hours, so that I do no more than 10 hours a month to make up one full KIT day. I now realise that this is not legal / allowed. However an employed and self-employed person is able to earn SMP and do an unlimited amount of work on a self-employed basis? This seems to me to be a serious loophole in the system and those that loose all the way are us self-employed folk? Those earning SMP earn more and then they can earn unlimited funds whilst earning this SMP? Also, another loophole is the fact that employed people can take their KIT days and no matter how many hours of work they do on these days, they will earn a full day's worth of pay, whereas us poor self-employed folk who work strange hours of strange days cannot. I literally have to give up my work and very precious working relationships because of this now. The company that sends me work wants me to be available every Friday for 2 hours as they publish on a weekly basis and the work cannot be done / prepared in advance. Please tell me that you also see the gap in this system and let me know if there is a way to speak to someone in government about this? Integrity and honor is very important to me, so I have to do things the right way, even though it is to my own detriment, but it does not seem right or fair. I am sure most people in my situation would just ride the system?

    Editor: Yes, it does seem very unfair, but that is the way the system is currently. You can lobby your own MP or join organisations which campaign on behalf of self-employed workers. We have spoken to government people about anomalies in the system of support for self-employed mothers. As more and more women start their own businesses or work on a self employed basis this issue is likely to come more and more to the fore.

     

  • Naomi Smith says:

    Hello,

    I work full-time in a hotel and will get SMP, I was wondering if I started a part-time business teaching swimming lessons will I still receive my SMP? Also, Would I have to start this business before the baby is born?
    Thanks

    Editor: You can work on a self employed basis without losing SMP.

  • Anonymous says:

    Hi there,

    I have been reading your forum with great interest. I have been researching this topic for a while now and have found that there is not much information out there and that some of it is conflicting. I am self-employed and am about to have a baby. I read up that you can do self-employed work and that your SMP would be unaffected, as you have mentioned in a few of your responses. So I assumed this would be exactly the same when earning MA. However, as you have also mentioned above, this is not the case. I was hoping to work for 2 hours a week whilst earning MA to maintain my business / relationships whist being on 'maternity leave' (although this is not then technically the term if you are self-employed?). I assumed I could then add up my hours, so that I do no more than 10 hours a month to make up one full KIT day. I now realise that this is not legal / allowed. However an employed and self-employed person is able to earn SMP and do an unlimited amount of work on a self-employed basis? This seems to me to be a serious loophole in the system and those that loose all the way are us self-employed folk? Those earning SMP earn more and then they can earn unlimited funds whilst earning this SMP? Also, another loophole is the fact that employed people can take their KIT days and no matter how many hours of work they do on these days, they will earn a full day's worth of pay, whereas us poor self-employed folk who work strange hours of strange days cannot. I literally have to give up my work and very precious working relationships because of this now. The company that sends me work wants me to be available every Friday for 2 hours as they publish on a weekly basis and the work cannot be done / prepared in advance. Please tell me that you also see the gap in this system and let me know if there is a way to speak to someone in government about this? Integrity and honor is very important to me, so I have to do things the right way, even though it is to my own detriment, but it does not seem right or fair. I am sure most people in my situation would just ride the system?

    Editor: Yes, it does seem very unfair, but that is the way the system is currently. You can lobby your own MP or join organisations which campaign on behalf of self-employed workers. We have spoken to government people about anomalies in the system of support for self-employed mothers. As more and more women start their own businesses or work on a self employed basis this issue is likely to come more and more to the fore.

     

  • Naomi Smith says:

    Hello,

    I work full-time in a hotel and will get SMP, I was wondering if I started a part-time business teaching swimming lessons will I still receive my SMP? Also, Would I have to start this business before the baby is born?
    Thanks

    Editor: You can work on a self employed basis without losing SMP.

  • Anonymous says:

    HI. I am a director of my own company, am not drawing any salary as the company is not making enough money for me to make any drawings. Can I claim maternity allowance?

    Editor: If you are a director of a limited company and are considered an employee of the company and have been working there for at least 26 weeks in the 66 weeks up to your baby's due date you should be able to claim MA. Contact your local JobCentre Plus.

  • Anonymous says:

    I currently work in two self employed capacities. I teach singing and also create wedding veils. I will be receiving Maternity allowance in a couple of weeks.

    I would like to get advice to clarify my current position. I will be taking 6 months maternity leave and plan to accept 7 days of paid work between July and August and these will be counted as my KIT days this will be in my singing teaching capacity.

    In my veil business I work as a sole trader my veils are created and sent to clients. Can you clarify 5 questions regarding the veil business. Regarding the kit days I would still have 3 days to accept paid work without affecting my MA.

    2. I am correct in assuming that I can make drawings from my existing business income without affecting my MA paid during this period.

    3. If orders are accepted during this period and retained in the business without me makings any drawings on any of the new income will that affect my MA as all income would be declared on 2014-2015 tax returns?

    4. If I decide to work as a volunteer within my business during my MA 6 month period and make no drawings on any of the income that is generated in this period will this affect my right to claim MA?

    5. If I pay someone to sew for me while I am on maternity leave can I still benefit from the income generated by that sale?

    Editor: You have 10 KIT days. You can draw from your business without affecting MA as long it is not income you have earned during maternity leave.  If you intend to volunteer, not work and earn no income then your entitlement to MA may be unaffected. It’s always best to check with the Job Centre beforehand. On paying someone else, our tax expert Des Desai says: "Drawings are NOT taxed if you are self employed, Profit however IS.  Having to employ someone to temporarily cover is a cost that would reduce profit and obviously the business will suffer a loss of profit during the maternity period."

  • Anonymous says:

    HI. I am a director of my own company, am not drawing any salary as the company is not making enough money for me to make any drawings. Can I claim maternity allowance?

    Editor: If you are a director of a limited company and are considered an employee of the company and have been working there for at least 26 weeks in the 66 weeks up to your baby's due date you should be able to claim MA. Contact your local JobCentre Plus.

  • Anonymous says:

    I currently work in two self employed capacities. I teach singing and also create wedding veils. I will be receiving Maternity allowance in a couple of weeks.

    I would like to get advice to clarify my current position. I will be taking 6 months maternity leave and plan to accept 7 days of paid work between July and August and these will be counted as my KIT days this will be in my singing teaching capacity.

    In my veil business I work as a sole trader my veils are created and sent to clients. Can you clarify 5 questions regarding the veil business. Regarding the kit days I would still have 3 days to accept paid work without affecting my MA.

    2. I am correct in assuming that I can make drawings from my existing business income without affecting my MA paid during this period.

    3. If orders are accepted during this period and retained in the business without me makings any drawings on any of the new income will that affect my MA as all income would be declared on 2014-2015 tax returns?

    4. If I decide to work as a volunteer within my business during my MA 6 month period and make no drawings on any of the income that is generated in this period will this affect my right to claim MA?

    5. If I pay someone to sew for me while I am on maternity leave can I still benefit from the income generated by that sale?

    Editor: You have 10 KIT days. You can draw from your business without affecting MA as long it is not income you have earned during maternity leave.  If you intend to volunteer, not work and earn no income then your entitlement to MA may be unaffected. It’s always best to check with the Job Centre beforehand. On paying someone else, our tax expert Des Desai says: "Drawings are NOT taxed if you are self employed, Profit however IS.  Having to employ someone to temporarily cover is a cost that would reduce profit and obviously the business will suffer a loss of profit during the maternity period."

  • Anonymous says:

    Hi

    I am currently a Director of a Limited company, and am the sole employee. This has been going since Sept 2013. If i take time off for maternity no money will be coming in. Am i best to shut it down and will I be able to claim Maternity pay from the government?

    thanks.

    Editor: If you have worked as an employee for 26 weeks in the 66 weeks leading to your baby's due date and have earned more than £30 in any 13-week period within those 66 weeks you should be entitled to Maternity Allowance. You can claim this from your local JobCentre Plus. You can have 10 Keeping in Touch Days during your maternity leave where you can work without losing MA, but if you do work any more than this your MA will stop.

  • Anonymous says:

    Hi

    I am currently a Director of a Limited company, and am the sole employee. This has been going since Sept 2013. If i take time off for maternity no money will be coming in. Am i best to shut it down and will I be able to claim Maternity pay from the government?

    thanks.

    Editor: If you have worked as an employee for 26 weeks in the 66 weeks leading to your baby's due date and have earned more than £30 in any 13-week period within those 66 weeks you should be entitled to Maternity Allowance. You can claim this from your local JobCentre Plus. You can have 10 Keeping in Touch Days during your maternity leave where you can work without losing MA, but if you do work any more than this your MA will stop.

  • Anonymous says:

    I am currently on maternity leave and claming SMP. I am wanting to work for myself and am unlikely to return to my job. Who and when do I need to contact Inland Revenue- when I get my first client?

    Editor: You need to register as self employed with HMRC.

  • Anonymous says:

    I am currently on maternity leave and claming SMP. I am wanting to work for myself and am unlikely to return to my job. Who and when do I need to contact Inland Revenue- when I get my first client?

    Editor: You need to register as self employed with HMRC.

  • Anonymous says:

    I am employed in 2 seperate jobs and i know i can get SMP for both. I have also set up as self employed (around 4 hours a week). Can I continue to run my own business regardless of hours (I would want to increase to around 15) and still keep my SMP from both of my employers? Is there anything they can do to stop me or disallow my SMP? The self employment is unrelated to either of my current employed roles. Thanks.

    Editor: You can do self employed work without losing SMP.

     

  • Anonymous says:

    I am employed in 2 seperate jobs and i know i can get SMP for both. I have also set up as self employed (around 4 hours a week). Can I continue to run my own business regardless of hours (I would want to increase to around 15) and still keep my SMP from both of my employers? Is there anything they can do to stop me or disallow my SMP? The self employment is unrelated to either of my current employed roles. Thanks.

    Editor: You can do self employed work without losing SMP.

     

  • Anonymous says:

    Hello, i am a consultant working on a 12month contract, this is my 2nd of such 12mth contracts (the current one followed directly on to the last one, but a new contract was issued). I work for only one company 5 days a week. I am pregnant and plan to stop one month before my due date of August but my contract runs till Sept. Either side can terminate the contract with 4 weeks notice at any point.
    I would like to return to this position post pregnancy, do i have any rights to ask for this to be kept open for me?

    Editor: see https://www.workingmums.co.uk/advice-and-support/q-and-a/111245/maternity-rights-and-contracts-ask-the-expert.thtml

  • Anonymous says:

    Hello, i am a consultant working on a 12month contract, this is my 2nd of such 12mth contracts (the current one followed directly on to the last one, but a new contract was issued). I work for only one company 5 days a week. I am pregnant and plan to stop one month before my due date of August but my contract runs till Sept. Either side can terminate the contract with 4 weeks notice at any point.
    I would like to return to this position post pregnancy, do i have any rights to ask for this to be kept open for me?

    Editor: see https://www.workingmums.co.uk/advice-and-support/q-and-a/111245/maternity-rights-and-contracts-ask-the-expert.thtml

  • Anonymous says:

    Hi, I am claiming MA at the moment. My husband just started a LTD company and included myself as a Director of the company during the incorporation of the company (I was claiming my MA during the incorporation of the Company). I am not doing any work for the company at the moment. I am completing MA full term by end of March. My husband going to employ me as an employee and I am going to start work for him from 1st April (After completing my MA terms). Since I was included as a director during receiving my MA (I am not done any work for him), I just want to find out if I am breaking any laws?

    Editor: If you did not do any work during the maternity pay period, you are ok.

  • Anonymous says:

    Hi, I am claiming MA at the moment. My husband just started a LTD company and included myself as a Director of the company during the incorporation of the company (I was claiming my MA during the incorporation of the Company). I am not doing any work for the company at the moment. I am completing MA full term by end of March. My husband going to employ me as an employee and I am going to start work for him from 1st April (After completing my MA terms). Since I was included as a director during receiving my MA (I am not done any work for him), I just want to find out if I am breaking any laws?

    Editor: If you did not do any work during the maternity pay period, you are ok.

  • Anonymous says:

    Hi, my SAP ends in September but i have been asked to do work for someone on a self employed basis doing the same job with a different company. This would mean me handing my notice in at my current company who pays my SAP as I can't work for a competitor. Would this end my SAP? Or would I still be entitled to it and how would I claim it?

    Editor: I think you mean SMP. YOu can work on a self-employed basis while claiming SMP, but if you start work as an employee [ie are on the payroll] you will lose SMP the week you start work.

  • Anonymous says:

    Hi, my SAP ends in September but i have been asked to do work for someone on a self employed basis doing the same job with a different company. This would mean me handing my notice in at my current company who pays my SAP as I can't work for a competitor. Would this end my SAP? Or would I still be entitled to it and how would I claim it?

    Editor: I think you mean SMP. YOu can work on a self-employed basis while claiming SMP, but if you start work as an employee [ie are on the payroll] you will lose SMP the week you start work.

  • Anonymous says:

    Hi, I'm self employed. How can I appl for MA? Where should I go or who should I call? Bit lost… Thank you

    Editor: Your local JobCentre Plus.

  • Anonymous says:

    Hi, I'm self employed. How can I appl for MA? Where should I go or who should I call? Bit lost… Thank you

    Editor: Your local JobCentre Plus.

  • Anonymous says:

    Hi. I'm a self employed singing teacher and have been claiming MA. I have just been offered some work where I will be employed directly by the school. I haven't used any KIT days yet and wondered if it is possible to use the KIT days and continue with MA for the first 10 days with this new role. Many thanks

    Editor: That should be fine.

  • Anonymous says:

    Hi. I'm a self employed singing teacher and have been claiming MA. I have just been offered some work where I will be employed directly by the school. I haven't used any KIT days yet and wondered if it is possible to use the KIT days and continue with MA for the first 10 days with this new role. Many thanks

    Editor: That should be fine.

  • Anonymous says:

    I am currently working part time in a hotel and earn approx £100 per week, I am also a self employed childminder for a few days a week, I think I will get MA, Can I still work as a childminder when on MA?

    Editor: You can do self employed work with SMP, but for MA you need to check with your local JobCentre Plus.

  • Anonymous says:

    I am currently working part time in a hotel and earn approx £100 per week, I am also a self employed childminder for a few days a week, I think I will get MA, Can I still work as a childminder when on MA?

    Editor: You can do self employed work with SMP, but for MA you need to check with your local JobCentre Plus.

  • Anonymous says:

    Hello, I have two jobs.

    Job 1 – Working as Hostess in a Restaurant for the past 4 years. Salary is 6.31 per hour. I usually get 15000 per year
    Job 2(self employed)- Started 28Nov2013 (6 month contract) with bank but since I didn't want to open my own company I get paid through and umbrella company. The charge me £44.00 (monthly) to do my taxes.

    I am very confused as how will I receive my maternity pay. Can I get both MA and SMP? Currently I am working 35 hours on Job 2 and 25 hours on Job 1 because I am thinking if I don't get MA then I should have a substantial Job 1 income to get a a decent SMP.

    My contract with Job 2 will end end of May. I don't know if they will extend my contract as I am pregnant.

    What am I entitled to could you please help? Thanks

    Editor: To qualify for SMP you have to have been in your job since just before you got pregnant until at least the 26th week of your pregnancy and be earning an average of £109 a week in the eight weeks up to the 26th week of your pregnancy. If not, you should qualify for MA for which you must be working for 26 of the 66 weeks leading up to your baby's due date and be earning £30 in any 13-week period in the 66 weeks. You cannot receive both MA and SMP, but you can receive two lots of SMP if you qualify. You also cannot receive two lots of MA. You can, however, return to one of the jobs you were doing without losing SMP from the other if you were doing that job in the 26th week of your pregnancy.

  • Anonymous says:

    Hello, I have two jobs.

    Job 1 – Working as Hostess in a Restaurant for the past 4 years. Salary is 6.31 per hour. I usually get 15000 per year
    Job 2(self employed)- Started 28Nov2013 (6 month contract) with bank but since I didn't want to open my own company I get paid through and umbrella company. The charge me £44.00 (monthly) to do my taxes.

    I am very confused as how will I receive my maternity pay. Can I get both MA and SMP? Currently I am working 35 hours on Job 2 and 25 hours on Job 1 because I am thinking if I don't get MA then I should have a substantial Job 1 income to get a a decent SMP.

    My contract with Job 2 will end end of May. I don't know if they will extend my contract as I am pregnant.

    What am I entitled to could you please help? Thanks

    Editor: To qualify for SMP you have to have been in your job since just before you got pregnant until at least the 26th week of your pregnancy and be earning an average of £109 a week in the eight weeks up to the 26th week of your pregnancy. If not, you should qualify for MA for which you must be working for 26 of the 66 weeks leading up to your baby's due date and be earning £30 in any 13-week period in the 66 weeks. You cannot receive both MA and SMP, but you can receive two lots of SMP if you qualify. You also cannot receive two lots of MA. You can, however, return to one of the jobs you were doing without losing SMP from the other if you were doing that job in the 26th week of your pregnancy.

  • Anonymous says:

    I am self employed and run a business (Partnership) with my husband.

    In your other responses above you have mentioned that you can do "10 days of paid self-employed work". I would like to know what consitutes as "paid self-employed work"? Is processing the business accounts, bank reconcilations, VAT returns, TAX returns, considered "paid self-employed work"?

    Editor: Basically you can do 10 days of work, which are Keeping in Touch Days. If you do any work outside of this while claiming MA you will lose it. 

  • Anonymous says:

    I am a self emoyed childminder currently on mat leave and claiming MA of approx £135. Could I take on a part time job with and employer while on mat leave and still claim my MA? Thanks

    Editor: I'm afraid your MA would stop the week you started any new job.

  • Anonymous says:

    I am self employed and run a business (Partnership) with my husband.

    In your other responses above you have mentioned that you can do "10 days of paid self-employed work". I would like to know what consitutes as "paid self-employed work"? Is processing the business accounts, bank reconcilations, VAT returns, TAX returns, considered "paid self-employed work"?

    Editor: Basically you can do 10 days of work, which are Keeping in Touch Days. If you do any work outside of this while claiming MA you will lose it. 

  • Anonymous says:

    I am a self emoyed childminder currently on mat leave and claiming MA of approx £135. Could I take on a part time job with and employer while on mat leave and still claim my MA? Thanks

    Editor: I'm afraid your MA would stop the week you started any new job.

  • Anonymous says:

    I am a registered self-employed person paying class 2 NICs and my own tax etc, and have been continuously for several years, so on that front I believe I qualify for MA. I also run a small business with my husband which is a Ltd company. We are the only directors and shareholders. We pay ourselves a nominal salary and draw dividends when we can. I wish to receive MA – is this ok?

    Editor: If you qualify for MA – you have worked for 26 weeks in the 66 weeks leading up to your baby's due date and earned over £30 a week in any 13-week period in the 66 weeks – you are entitled to it via your JobCentre Plus. You cannot continue to be paid while getting MA as you are not allowed to do any work, but you can continue to draw dividends.

  • Anonymous says:

    I am a registered self-employed person paying class 2 NICs and my own tax etc, and have been continuously for several years, so on that front I believe I qualify for MA. I also run a small business with my husband which is a Ltd company. We are the only directors and shareholders. We pay ourselves a nominal salary and draw dividends when we can. I wish to receive MA – is this ok?

    Editor: If you qualify for MA – you have worked for 26 weeks in the 66 weeks leading up to your baby's due date and earned over £30 a week in any 13-week period in the 66 weeks – you are entitled to it via your JobCentre Plus. You cannot continue to be paid while getting MA as you are not allowed to do any work, but you can continue to draw dividends.

  • Anonymous says:

    Am trying to claim maternity allowance for my employed job which I earn 317 a month I have had to go back to my self employed job at 6 hours a week because I have no money coming in can I still get maternity allowance.

    Editor: You can do 10 days of paid self employed work or work for your employer without affecting your Maternity Allowance. You must tell Jobcentre plus if you work for an employer or do self employed work (including Keeping in Touch Days). You will not be able to claim allowance for days worked outside Keeping in Touch and the jobcentre will decide whether further payments can be made.

  • Anonymous says:

    Am trying to claim maternity allowance for my employed job which I earn 317 a month I have had to go back to my self employed job at 6 hours a week because I have no money coming in can I still get maternity allowance.

    Editor: You can do 10 days of paid self employed work or work for your employer without affecting your Maternity Allowance. You must tell Jobcentre plus if you work for an employer or do self employed work (including Keeping in Touch Days). You will not be able to claim allowance for days worked outside Keeping in Touch and the jobcentre will decide whether further payments can be made.

  • Anonymous says:

    Hi I am a self employed dog walker and recently told my clients I am expecting. I have rallied round other local walkers who will share the work between them while Im off and I will pick up my clients when I return. I wont be making any money from this arrangement. However yesterday I received a text from one client who said that herself and her husband were not happy I continue to walk their dog while pregnant in case "something" happens. They have terminated my contract with them as they have arranged another walker to take their dog well before I planned to stop. But worse she will continue to walk him even after I am back at work. Ive stuck to my month's notice required but can they cite pregnancy as a reason to no longer use me and pass the work to someone else even when I'm available? thank you.

    Editor: A contract cannot be terminated on the grounds of pregnancy as this constitutes discrimination.

  • Anonymous says:

    Hi I am a self employed dog walker and recently told my clients I am expecting. I have rallied round other local walkers who will share the work between them while Im off and I will pick up my clients when I return. I wont be making any money from this arrangement. However yesterday I received a text from one client who said that herself and her husband were not happy I continue to walk their dog while pregnant in case "something" happens. They have terminated my contract with them as they have arranged another walker to take their dog well before I planned to stop. But worse she will continue to walk him even after I am back at work. Ive stuck to my month's notice required but can they cite pregnancy as a reason to no longer use me and pass the work to someone else even when I'm available? thank you.

    Editor: A contract cannot be terminated on the grounds of pregnancy as this constitutes discrimination.

  • Anonymous says:

    Hi, I am a self employed nanny for three days a week and I am employed for one morning a week . I am not pregnant yet but am planning to and would like to know what I should apply for as my employed job I don't think I earn enough to get anything throughout them, What do you think i will need to apply for, thanks for your help in advance. Harriet

    Editor: To qualify for SMP in your employed job you would need to be earning at least £109 a week and to have got pregnant after you started your job and still be in it at at least the 26th week of your pregnancy. If not you should qualify for Materity Allowance from either this job or your self employed job. You can only get MA on one job.

  • Anonymous says:

    hello
    I'm coming to the end of my 39 weeks claiming MA as a self employed person. I haven't done any self employed or employed work since starting the maternity allowance. I have decided that it doesn't make sense for me to continue doing my self employment work so I will be submitting a Jobseekers allowance claim at the end of the 39 weeks. Will I be classed as having been working whilst receiving maternity allowance or should I say that it has been 9 months since I last had a job.

    On the forms, there is no space to say you have been on maternity leave, just have you done any work as an employed or self employed person in the last 6 months. Does getting MA count as still being self employed?

    Editor: Our tax and benefits expert Des Desai says: Maternity Allowance is a Benefit and is not taxable . But, it does effect other benefits. So this lady can rest easy when she comes to the end of her Maternity and claim JSA.

    She should make sure though that she ceases her Self Employment and this is normally done via her HMRC self assessment tax return . Presumably this is the one due for the 2013-2014 tax year and she should file this as soon possible – e.g. after April 5th 2014.

  • Anonymous says:

    Hi, I am a self employed nanny for three days a week and I am employed for one morning a week . I am not pregnant yet but am planning to and would like to know what I should apply for as my employed job I don't think I earn enough to get anything throughout them, What do you think i will need to apply for, thanks for your help in advance. Harriet

    Editor: To qualify for SMP in your employed job you would need to be earning at least £109 a week and to have got pregnant after you started your job and still be in it at at least the 26th week of your pregnancy. If not you should qualify for Materity Allowance from either this job or your self employed job. You can only get MA on one job.

  • Anonymous says:

    hello
    I'm coming to the end of my 39 weeks claiming MA as a self employed person. I haven't done any self employed or employed work since starting the maternity allowance. I have decided that it doesn't make sense for me to continue doing my self employment work so I will be submitting a Jobseekers allowance claim at the end of the 39 weeks. Will I be classed as having been working whilst receiving maternity allowance or should I say that it has been 9 months since I last had a job.

    On the forms, there is no space to say you have been on maternity leave, just have you done any work as an employed or self employed person in the last 6 months. Does getting MA count as still being self employed?

    Editor: Our tax and benefits expert Des Desai says: Maternity Allowance is a Benefit and is not taxable . But, it does effect other benefits. So this lady can rest easy when she comes to the end of her Maternity and claim JSA.

    She should make sure though that she ceases her Self Employment and this is normally done via her HMRC self assessment tax return . Presumably this is the one due for the 2013-2014 tax year and she should file this as soon possible – e.g. after April 5th 2014.

  • Anonymous says:

    Hi, I have 2 jobs with different employers earning an average of £90 per week combined. I have been working for over a year and I am currently 22 weeks pregnant. As I understand I am not eligible for SMP from either. Will I be eligible for MA?

    Editor: You should be eligible if you have worked for 26 weeks in the 66 weeks leading up to your baby's due date and earned at least £30 a week for  13-week period in the 66 weeks for either of the jobs. Unfortunately, you can only claim MA on one job.

  • Anonymous says:

    Hi, I have 2 jobs with different employers earning an average of £90 per week combined. I have been working for over a year and I am currently 22 weeks pregnant. As I understand I am not eligible for SMP from either. Will I be eligible for MA?

    Editor: You should be eligible if you have worked for 26 weeks in the 66 weeks leading up to your baby's due date and earned at least £30 a week for  13-week period in the 66 weeks for either of the jobs. Unfortunately, you can only claim MA on one job.

  • Anonymous says:

    hello,
    I have full time job for NHS and I am pregnant at the moment I qualify for SMP but I would like to start my second employment as self employed physio just few extra hours a week. Will extra income have any influence on my maternity allowence?

    Editor: Do you mean SMP? If you start your second job before your 26th week of pregnancy you can continue to work at this during your maternity leave without losing SMP.

  • Anonymous says:

    hello,
    I have full time job for NHS and I am pregnant at the moment I qualify for SMP but I would like to start my second employment as self employed physio just few extra hours a week. Will extra income have any influence on my maternity allowence?

    Editor: Do you mean SMP? If you start your second job before your 26th week of pregnancy you can continue to work at this during your maternity leave without losing SMP.

  • Anonymous says:

    Hi,I am a self-employed dentist but working for a company on employee basis.Could you advise me what I am entitled to.Thank you very much in advance!

    Editor: Are you on the payroll? To qualify for SMP you would need to be on the payroll from before you got pregnant to at least the 26th week of pregnancy and to be earning at least £109 a week. If not, you would probably qualify for Maternity Allowance – see https://www.gov.uk/maternity-allowance

  • Anonymous says:

    Hi,I am a self-employed dentist but working for a company on employee basis.Could you advise me what I am entitled to.Thank you very much in advance!

    Editor: Are you on the payroll? To qualify for SMP you would need to be on the payroll from before you got pregnant to at least the 26th week of pregnancy and to be earning at least £109 a week. If not, you would probably qualify for Maternity Allowance – see https://www.gov.uk/maternity-allowance

  • Anonymous says:

    Hello i am on smp at the moment which ends in may. I am unable to go back to work due to childcare issues. I have found a company that is along the lines of avon (NOT avon). If i start working for them now to build up business would my smp be affected as i NEED to make more money as business will be slow in the first couple of months and if i dont bring in my smp still we will in essence be homeless.

    Editor: You are allowed to do self employed work during maternity leave without losing SMP. Would this be on a self-employed basis? If not, you would lose SMP the week you started work.

  • Anonymous says:

    Hello i am on smp at the moment which ends in may. I am unable to go back to work due to childcare issues. I have found a company that is along the lines of avon (NOT avon). If i start working for them now to build up business would my smp be affected as i NEED to make more money as business will be slow in the first couple of months and if i dont bring in my smp still we will in essence be homeless.

    Editor: You are allowed to do self employed work during maternity leave without losing SMP. Would this be on a self-employed basis? If not, you would lose SMP the week you started work.

  • Anonymous says:

    Thank you, yes was talking about ante-natal appointments, and also been told that i have prenatal depression, but can't get to counselling sessions as on one day for just the morning, and can't get cover. Want to be able to know what I can and can't do, and what I should be saying to them.

    Editor: It's all in the last post. You are entitled to time off for pregnancy-related illness which would cover the depression and to go to ante-natal sessions.

  • Anonymous says:

    Hello,
    I am an artist and am entitled to MA.
    I wondered if it counts as a KIT day if a painting I had in a gallery sells? The painting will have been completed and delivered to the gallery before my MA begins.
    Also, I have a website where I sell paintings/prints. Does it count as a KIT day if someone buys something online (and my husband volunteers to take it to the post office to send to the customer)?
    Many thanks

    Editor: Sorry for the delay in replying. Our tax expert Des Desai says:  "It should not affect her MA as she is going to continue the business after Maternity leave and therefore the sale will be included in her earnings for the tax year.

    Artists cannot control the sales timescale or process so provided the income is properly accounted and declared in due course then there cannot be a problem . She is not actually “working” so cannot be breaking any MA conditions . Trying to fit the sale into Keep In Touch is just adding a layer of complication and the way some Job Centre staff might react could lead to a barrage of further questions."

     

  • Anonymous says:

    Thank you, yes was talking about ante-natal appointments, and also been told that i have prenatal depression, but can't get to counselling sessions as on one day for just the morning, and can't get cover. Want to be able to know what I can and can't do, and what I should be saying to them.

    Editor: It's all in the last post. You are entitled to time off for pregnancy-related illness which would cover the depression and to go to ante-natal sessions.

  • Anonymous says:

    Hello,
    I am an artist and am entitled to MA.
    I wondered if it counts as a KIT day if a painting I had in a gallery sells? The painting will have been completed and delivered to the gallery before my MA begins.
    Also, I have a website where I sell paintings/prints. Does it count as a KIT day if someone buys something online (and my husband volunteers to take it to the post office to send to the customer)?
    Many thanks

    Editor: Sorry for the delay in replying. Our tax expert Des Desai says:  "It should not affect her MA as she is going to continue the business after Maternity leave and therefore the sale will be included in her earnings for the tax year.

    Artists cannot control the sales timescale or process so provided the income is properly accounted and declared in due course then there cannot be a problem . She is not actually “working” so cannot be breaking any MA conditions . Trying to fit the sale into Keep In Touch is just adding a layer of complication and the way some Job Centre staff might react could lead to a barrage of further questions."

     

  • Anonymous says:

    Thank you, yes was talking about ante-natal appointments, and also been told that i have prenatal depression, but can't get to councillor sessions as on one day for just the morning, and can't get cover. Want to be able to know what I can and can't do, and what I should be saying to them.

    Editor: You are entitled to time off for ante-natal visits. WIth regard to prenatal depression: Special rules apply to sickness absence which is related to a woman’s pregnancy or to her having given birth. Employers should record pregnancy-related illness separately from other kinds of illness and should not count it towards someone’s total sickness record.  An employer should not pay a woman who is absent for a pregnancy-related illness less than the contractual sick pay she would receive if she was absent for any other illness with a statement of fitness to work (‘fit note’). An employer must not take into account a period of absence due to pregnancy-related illness, or maternity leave, when making a decision about a woman’s employment, for example, for disciplinary purposes or if they are selecting workers for redundancy. 

  • Anonymous says:

    Im classed as self employed, i brought a franchise, but still do a lot and feel like we work for a company. I only take holiday if someone can cover my work – which is hard, as we have to keep the franchise going 52 weeks a year, and I work by myself. Is there a limit for maternity leave? and wondered if you knew about hospital or dr appointments, as I've had to cancel them due to not being able to leave work, and also having to go in when poorly. Would like it a bit clearer as I feel that I have to do everything as everything is so important and I'm not looking after myself, but can't lose my job.

    Editor: Maternity leave lasts up to 52 weeks, but maternity allowance, which as a self employed person is what you are likely to be entitled to, lasts 39 weeks. You cannot work in the first two weeks after giving birth. It sounds like you are under a lot of pressure. Missing medical appointments could have a detrimental effect on your health and mean you might have to take more time off later. Are you talking about ante-natal appointments which you have a right to time off for? It is unclear from your post.

  • Anonymous says:

    Thank you, yes was talking about ante-natal appointments, and also been told that i have prenatal depression, but can't get to councillor sessions as on one day for just the morning, and can't get cover. Want to be able to know what I can and can't do, and what I should be saying to them.

    Editor: You are entitled to time off for ante-natal visits. WIth regard to prenatal depression: Special rules apply to sickness absence which is related to a woman’s pregnancy or to her having given birth. Employers should record pregnancy-related illness separately from other kinds of illness and should not count it towards someone’s total sickness record.  An employer should not pay a woman who is absent for a pregnancy-related illness less than the contractual sick pay she would receive if she was absent for any other illness with a statement of fitness to work (‘fit note’). An employer must not take into account a period of absence due to pregnancy-related illness, or maternity leave, when making a decision about a woman’s employment, for example, for disciplinary purposes or if they are selecting workers for redundancy. 

  • Anonymous says:

    Im classed as self employed, i brought a franchise, but still do a lot and feel like we work for a company. I only take holiday if someone can cover my work – which is hard, as we have to keep the franchise going 52 weeks a year, and I work by myself. Is there a limit for maternity leave? and wondered if you knew about hospital or dr appointments, as I've had to cancel them due to not being able to leave work, and also having to go in when poorly. Would like it a bit clearer as I feel that I have to do everything as everything is so important and I'm not looking after myself, but can't lose my job.

    Editor: Maternity leave lasts up to 52 weeks, but maternity allowance, which as a self employed person is what you are likely to be entitled to, lasts 39 weeks. You cannot work in the first two weeks after giving birth. It sounds like you are under a lot of pressure. Missing medical appointments could have a detrimental effect on your health and mean you might have to take more time off later. Are you talking about ante-natal appointments which you have a right to time off for? It is unclear from your post.

  • Anonymous says:

    I am currently receiving smp from my employer. I just want to confirm that I can continue to claim my statutory pay whilst I undertake self employed hours elsewhere? Do I need to notify anyone?

    Editor: Yes, you can do self employed work without losing SMP. You do not need to notify anyone, but, depending on your earnings, you will have to pay NI contributions etc and you will have to register with HMRC - http://webarchive.nationalarchives.gov.uk/+/http://www.hmrc.gov.uk/selfemployed/register-selfemp.htm

  • Anonymous says:

    I am currently receiving smp from my employer. I just want to confirm that I can continue to claim my statutory pay whilst I undertake self employed hours elsewhere? Do I need to notify anyone?

    Editor: Yes, you can do self employed work without losing SMP. You do not need to notify anyone, but, depending on your earnings, you will have to pay NI contributions etc and you will have to register with HMRC - http://webarchive.nationalarchives.gov.uk/+/http://www.hmrc.gov.uk/selfemployed/register-selfemp.htm

  • Anonymous says:

    Hi, I am a director of a limited company, which is run by me and my business partner, who is the only other director. We have been trading for just over a year and take the minimum wage each month, which is then topped up with dividends, as and when we can afford it. Please can you let me know what (if any) maternity allowance I would be entitled to.

    Editor: To qualify for MA you would need to have been working for 26 of the 66 weeks leading up to the due date of your baby and to have been earning at least £30 a week in any 13-week period during this qualifying period. You can apply for MA at your local Job Centre Plus.

     

  • Anonymous says:

    Hi, I am a director of a limited company, which is run by me and my business partner, who is the only other director. We have been trading for just over a year and take the minimum wage each month, which is then topped up with dividends, as and when we can afford it. Please can you let me know what (if any) maternity allowance I would be entitled to.

    Editor: To qualify for MA you would need to have been working for 26 of the 66 weeks leading up to the due date of your baby and to have been earning at least £30 a week in any 13-week period during this qualifying period. You can apply for MA at your local Job Centre Plus.

     

  • Anonymous says:

    Hi, I own a hair salon where I work as self employed. Can I work a few days to keep my clients but not take a wage and all profits go back into the business whilst I claim maternity allowance? In other words, volunteer to keep the business going?

    Editor: Our HR expert Tara Daynes says: In relation to maternity allowance, you can work up to  a maximum of 10 days and earn income. The key is if you earn any further income this needs to be declared to the Job Centre. If you intend to volunteer, not work and earn no income then your entitlement to MA may be unaffected. It’s always best to check with the Job Centre beforehand.

     

  • Anonymous says:

    Hi, I registered myself as self-employed dress maker in October last year and am also a Director of the family business. I am due to have a baby in April this year and am concerned that being registered as a Director could affect my eligibility to claim Maternity Allowance. What do you think?

    Editor: It shouldn't be a problem so long as you fit the eligibility criteria – working for 26 weeks of the 66 weeks leading up to your baby's due date and earning over £30 in any 13-week period – see https://www.gov.uk/maternity-allowance/eligibility. 

  • Anonymous says:

    Hi, I own a hair salon where I work as self employed. Can I work a few days to keep my clients but not take a wage and all profits go back into the business whilst I claim maternity allowance? In other words, volunteer to keep the business going?

    Editor: Our HR expert Tara Daynes says: In relation to maternity allowance, you can work up to  a maximum of 10 days and earn income. The key is if you earn any further income this needs to be declared to the Job Centre. If you intend to volunteer, not work and earn no income then your entitlement to MA may be unaffected. It’s always best to check with the Job Centre beforehand.

     

  • Anonymous says:

    Hi, I registered myself as self-employed dress maker in October last year and am also a Director of the family business. I am due to have a baby in April this year and am concerned that being registered as a Director could affect my eligibility to claim Maternity Allowance. What do you think?

    Editor: It shouldn't be a problem so long as you fit the eligibility criteria – working for 26 weeks of the 66 weeks leading up to your baby's due date and earning over £30 in any 13-week period – see https://www.gov.uk/maternity-allowance/eligibility. 

  • Anonymous says:

    Hi, I have been on freelance contracts in continuous service with the same company for 10 months on several projects and it then rolled into a 6 month fixed term contract as an employee (of which I have done 21 weeks), which has been extended for another 6 months with the same company. Do I have the right to statutory maternity pay? Due date is end of October and contract finishes end of September.

    Editor: As long as you were employed before you got pregnant and are still employed in the 26th week you will be entitled to SMP.

  • Anonymous says:

    Hi, I have been on freelance contracts in continuous service with the same company for 10 months on several projects and it then rolled into a 6 month fixed term contract as an employee (of which I have done 21 weeks), which has been extended for another 6 months with the same company. Do I have the right to statutory maternity pay? Due date is end of October and contract finishes end of September.

    Editor: As long as you were employed before you got pregnant and are still employed in the 26th week you will be entitled to SMP.

  • Anonymous says:

    Hi. I take it I can use a combination of employed and self employed?

    Editor: Yes.

  • Anonymous says:

    Hello. Will I be able to declare the periods I was working while self employed? Once the period has been decided are my total earnings then divided between the number of weeks and if it is over 26 weeks and I have earned on average over £30 then I will qualify?

    Editor: Yes, self employed or employed qualifies. You have to have worked for 26 weeks in the 66 up to your baby's due date, but the earnings period is only any 13-week period within this time. 

  • Anonymous says:

    Hi I am a self employed hairdresser on maternity leave. Pay for hire of a chair in a salon for last 7yrs. Own of salon insists I return now, although I told her I am not able to docs orders as I have bad post natal depression. She is threatening I wont have a chair to come back to if I don't come back now. Do I have any rights? Thanks.

    Editor: What are the terms of the hire agreement?

  • Anonymous says:

    Hi. If I've been classified as self employed from May 2013 to present earning £2480 will I qualify for any benefits? Thanks.

    Editor: See the eligibility criteria for Maternity Allowance - https://www.gov.uk/maternity-allowance. You need to have earned an average of £30 a week in any 13 week period in the 66 weeks leading up to your baby's due date and been self-employed for at least 26 weeks in those 66 weeks.

  • Anonymous says:

    Does it matter that my 8 week film work was paid in a lump sum during the last week meaning that for seven of those weeks I will effectively have not been paid. Even though the £400 would have been over £30 per week when averaged out? Do you have had to have earned £30pw when averaged out over the entire period (which I will have earned over,) or should I register as self employed for the period I worked on the film? Thanks for your help

    Editor: It is an average for what you earn over any 13-week period so it can be a lump sum etc.

     

     

  • Anonymous says:

    I'm a self employed fitness instructor running my own community classes. When I am off I will be paying someone to cover my classes, I will be possibly still be making a small amount of profit from the classes, how does this affect my Maternity allowance?

    Editor: As long as you are not physically working it should not affect you. You can still draw money from your business if you are getting MA. Is that what you mean? 

  • Anonymous says:

    Hi. During my pregnancy I have worked on a film for 8 weeks for which I was paid £400 in the last week and I have also will have worked as a waitress for 20 weeks by the time the baby is due. Will I qualify for any benefit? Thanks very much.

    Editor: You would not qualify for SMP, but if you have worked for 26 weeks during the 66 weeks leading up to your due date and have earned over £30 a week you should qualify for Maternity Allowance which you can claim from your local Job Centre Plus – see https://www.gov.uk/maternity-allowance

  • Anonymous says:

    Hi
    I am currently on maternity leave receiving SMP. I would like to start my own business. Can i be a director of a company whilst still employed elsewhere and in receipt of SMP (i will be leaving in a couple of months time but the business should take off before then)

    Editor: Yes, you can work in a self-employed capacity while claiming SMP.

  • Anonymous says:

    Hi. I take it I can use a combination of employed and self employed?

    Editor: Yes.

  • Anonymous says:

    Hello. Will I be able to declare the periods I was working while self employed? Once the period has been decided are my total earnings then divided between the number of weeks and if it is over 26 weeks and I have earned on average over £30 then I will qualify?

    Editor: Yes, self employed or employed qualifies. You have to have worked for 26 weeks in the 66 up to your baby's due date, but the earnings period is only any 13-week period within this time. 

  • Anonymous says:

    Hi I am a self employed hairdresser on maternity leave. Pay for hire of a chair in a salon for last 7yrs. Own of salon insists I return now, although I told her I am not able to docs orders as I have bad post natal depression. She is threatening I wont have a chair to come back to if I don't come back now. Do I have any rights? Thanks.

    Editor: What are the terms of the hire agreement?

  • Anonymous says:

    Hi. If I've been classified as self employed from May 2013 to present earning £2480 will I qualify for any benefits? Thanks.

    Editor: See the eligibility criteria for Maternity Allowance - https://www.gov.uk/maternity-allowance. You need to have earned an average of £30 a week in any 13 week period in the 66 weeks leading up to your baby's due date and been self-employed for at least 26 weeks in those 66 weeks.

  • Anonymous says:

    Does it matter that my 8 week film work was paid in a lump sum during the last week meaning that for seven of those weeks I will effectively have not been paid. Even though the £400 would have been over £30 per week when averaged out? Do you have had to have earned £30pw when averaged out over the entire period (which I will have earned over,) or should I register as self employed for the period I worked on the film? Thanks for your help

    Editor: It is an average for what you earn over any 13-week period so it can be a lump sum etc.

     

     

  • Anonymous says:

    I'm a self employed fitness instructor running my own community classes. When I am off I will be paying someone to cover my classes, I will be possibly still be making a small amount of profit from the classes, how does this affect my Maternity allowance?

    Editor: As long as you are not physically working it should not affect you. You can still draw money from your business if you are getting MA. Is that what you mean? 

  • Anonymous says:

    Hi. During my pregnancy I have worked on a film for 8 weeks for which I was paid £400 in the last week and I have also will have worked as a waitress for 20 weeks by the time the baby is due. Will I qualify for any benefit? Thanks very much.

    Editor: You would not qualify for SMP, but if you have worked for 26 weeks during the 66 weeks leading up to your due date and have earned over £30 a week you should qualify for Maternity Allowance which you can claim from your local Job Centre Plus – see https://www.gov.uk/maternity-allowance

  • Anonymous says:

    Hi
    I am currently on maternity leave receiving SMP. I would like to start my own business. Can i be a director of a company whilst still employed elsewhere and in receipt of SMP (i will be leaving in a couple of months time but the business should take off before then)

    Editor: Yes, you can work in a self-employed capacity while claiming SMP.

  • Anonymous says:

    Hi im self employed mobile hairdresser this is my only line of work am i able to claim either smp or ma please not sure which i can claim for and am i still able to work whilst on any of these benefit payments.

    Editor: You should be able to apply via your Job Centre Plus for Maternity Allowance – see https://www.gov.uk/maternity-allowance/eligibility. You cannot work while claiming maternity pay. Your pay will stop the week you resume work, although you can do 10 Keeping in Touch Days during your maternity leave without losing pay.

  • Anonymous says:

    Hi im self employed mobile hairdresser this is my only line of work am i able to claim either smp or ma please not sure which i can claim for and am i still able to work whilst on any of these benefit payments.

    Editor: You should be able to apply via your Job Centre Plus for Maternity Allowance – see https://www.gov.uk/maternity-allowance/eligibility. You cannot work while claiming maternity pay. Your pay will stop the week you resume work, although you can do 10 Keeping in Touch Days during your maternity leave without losing pay.

  • Anonymous says:

    Hiya, I am a self employed freelance writer, who writes copy for clients on an ad hoc basis. I invoice for this work monthly.

    My question is, I am due to have my baby next month and have applied for maternity allowance already. I was wondering what the KIT days entailed for this. Should they be recorded in my invoices? If so, how? Could I do a days worth of copywriting every week for 10 weeks of my MA and then invoice for these days?

    Editor: You can do 10 days of paid self employed work or work for your employer without affecting your Maternity Allowance. You must tell Jobcentre plus if you work for an employer or do self employed work (including Keeping in Touch Days). You will not be able to claim allowance for days worked outside Keeping in Touch and the jobcentre will decide whether further payments can be made.

  • Anonymous says:

    Hi! Bit of a general question… Is there a good reason why MA doesn't include the '6 weeks at 90% of pay' benefit that SMP does? It seems unfair to me that self-employed women are not given the same benefits as employed women. Does it not just penalise women who are trying to be entrepreneurial and run their own businesses?? I had my first baby when I was employed and am having my second baby as self-employed – and, gosh, it's a big financial penalty to be working for myself!

    Editor: It's down to the different ways to the two payments work. SMP is paid through an employer and they claim back most of it from the Government. MA is paid via the Job Centre Plus.

  • Anonymous says:

    Hiya, I am a self employed freelance writer, who writes copy for clients on an ad hoc basis. I invoice for this work monthly.

    My question is, I am due to have my baby next month and have applied for maternity allowance already. I was wondering what the KIT days entailed for this. Should they be recorded in my invoices? If so, how? Could I do a days worth of copywriting every week for 10 weeks of my MA and then invoice for these days?

    Editor: You can do 10 days of paid self employed work or work for your employer without affecting your Maternity Allowance. You must tell Jobcentre plus if you work for an employer or do self employed work (including Keeping in Touch Days). You will not be able to claim allowance for days worked outside Keeping in Touch and the jobcentre will decide whether further payments can be made.

  • Anonymous says:

    Hi! Bit of a general question… Is there a good reason why MA doesn't include the '6 weeks at 90% of pay' benefit that SMP does? It seems unfair to me that self-employed women are not given the same benefits as employed women. Does it not just penalise women who are trying to be entrepreneurial and run their own businesses?? I had my first baby when I was employed and am having my second baby as self-employed – and, gosh, it's a big financial penalty to be working for myself!

    Editor: It's down to the different ways to the two payments work. SMP is paid through an employer and they claim back most of it from the Government. MA is paid via the Job Centre Plus.

  • Anonymous says:

    Hi – I am self employed with full NI contributions and work as a coach but I also sell ebooks and programs online. I would like to claim MA and was wondering if I can do it while still getting income from my books and programs that sell without me doing any work. Thank you so much for your advice.

    Editor: You can still get MA as long as you do not do any work. You are permitted to draw income from your business.

  • Anonymous says:

    Hi – I am self employed with full NI contributions and work as a coach but I also sell ebooks and programs online. I would like to claim MA and was wondering if I can do it while still getting income from my books and programs that sell without me doing any work. Thank you so much for your advice.

    Editor: You can still get MA as long as you do not do any work. You are permitted to draw income from your business.

  • Anonymous says:

    I run my own business and have it set up so that I am a director of a UK Ltd company. It's been open since April 2013. I don't have an employment contract and haven't had to submit accounts yet. I don't pay myself a salary officially – it is a new company and just finding its feet. How do I know if I can qualify for SMP (I'm a bit daunted about the process of claiming it back) or if I can just go straight to MA?

    Editor: If you don't receive a salary you would not qualify under the earnings criterion [you need to be earning £109 a week on average in the eight weeks leading up to the 26th week of your pregnancy]. Check with HMRC's SMP line - 08457 143 143.

  • Anonymous says:

    I run my own business and have it set up so that I am a director of a UK Ltd company. It's been open since April 2013. I don't have an employment contract and haven't had to submit accounts yet. I don't pay myself a salary officially – it is a new company and just finding its feet. How do I know if I can qualify for SMP (I'm a bit daunted about the process of claiming it back) or if I can just go straight to MA?

    Editor: If you don't receive a salary you would not qualify under the earnings criterion [you need to be earning £109 a week on average in the eight weeks leading up to the 26th week of your pregnancy]. Check with HMRC's SMP line - 08457 143 143.

  • Anonymous says:

    Hi – I am self employed with full NI contributions and all tax paid and up to date. However I have also completed some ad hoc work for an agency (on an 'employed' basis). I qualify for SMP through the agency though it would be for a small amount (£90ish) as the work has been part time. Can I just claim for MA (which I should get the full amount) and not claim/refuse the SMP? Thanks for any help you can offer, no one at HMRC or DWP seems to know the answer!

    Editor: If you work 2 jobs, the only way you can claim MA is if you are not eligible for any maternity pay from either job. 

  • Anonymous says:

    Hi – I am self employed with full NI contributions and all tax paid and up to date. However I have also completed some ad hoc work for an agency (on an 'employed' basis). I qualify for SMP through the agency though it would be for a small amount (£90ish) as the work has been part time. Can I just claim for MA (which I should get the full amount) and not claim/refuse the SMP? Thanks for any help you can offer, no one at HMRC or DWP seems to know the answer!

    Editor: If you work 2 jobs, the only way you can claim MA is if you are not eligible for any maternity pay from either job. 

  • Anonymous says:

    Hi – I have 2 jobs. One job I am employed in an infant school but I don't qualify for SMP because I don't earn enough. I believe, however, that I will qualify for SMA. The second job I am self employed as a Virtual Admin Asst. If I claim SMA for my employed job when I go on maternity leave, can I still take drawings from my self employed business? I won't be working on my business during that time, but I have enough in my business to enable me to take drawings each month during my maternity leave. Am I okay to do this? Thank you KJ

    Editor: Yes, this is fine as long as you are not working.

     

  • Anonymous says:

    Hi – I am completing my 2011/12 tax return – do I need to pay tax and NI on my SMP?

    Editor: It is classed as replacement earnings so is subject to tax, but usually it is not high enough to warrant tax payment. It depends on your earnings in the rest of the year – see http://www.hmrc.gov.uk/manuals/eimanual/eim76360.htm

     

  • Anonymous says:

    Hi – I have 2 jobs. One job I am employed in an infant school but I don't qualify for SMP because I don't earn enough. I believe, however, that I will qualify for SMA. The second job I am self employed as a Virtual Admin Asst. If I claim SMA for my employed job when I go on maternity leave, can I still take drawings from my self employed business? I won't be working on my business during that time, but I have enough in my business to enable me to take drawings each month during my maternity leave. Am I okay to do this? Thank you KJ

    Editor: Yes, this is fine as long as you are not working.

     

  • Anonymous says:

    Hi – I am completing my 2011/12 tax return – do I need to pay tax and NI on my SMP?

    Editor: It is classed as replacement earnings so is subject to tax, but usually it is not high enough to warrant tax payment. It depends on your earnings in the rest of the year – see http://www.hmrc.gov.uk/manuals/eimanual/eim76360.htm

     

  • Anonymous says:

    Hi – i am an artist and have made a business out of it over the past 7 years. I almost earn a living, subsidising it by working freelance, on a self employed basis, in various galleries. What restrictions exist on my 10 KIT days? i.e can i sell work that i have already completed? Must i make the transaction of sale on one of my KIT days? And can i continue to produce, and sell, commissioned work? Many thanks, L.

    Editor: I am assuming you are on Maternity Allowance. The DWP website states. “If you work for more than 10 [KIT] days you must not collect any more money. A decision maker, trained in applying social security law, will decide whether any further payments can be made, but you will lose MA for at least the number of days you work over the 10 days allowed.” You cannot divide KIT days into hours. for instance for a sales transaction. Each day you work counts as a full day, no matter how many hours you do. 

  • Anonymous says:

    Hi – i am an artist and have made a business out of it over the past 7 years. I almost earn a living, subsidising it by working freelance, on a self employed basis, in various galleries. What restrictions exist on my 10 KIT days? i.e can i sell work that i have already completed? Must i make the transaction of sale on one of my KIT days? And can i continue to produce, and sell, commissioned work? Many thanks, L.

    Editor: I am assuming you are on Maternity Allowance. The DWP website states. “If you work for more than 10 [KIT] days you must not collect any more money. A decision maker, trained in applying social security law, will decide whether any further payments can be made, but you will lose MA for at least the number of days you work over the 10 days allowed.” You cannot divide KIT days into hours. for instance for a sales transaction. Each day you work counts as a full day, no matter how many hours you do. 

  • Anonymous says:

    Hi. I am a part time school swimming teacher and I also work as a self employed swimming teacher. Can I continue to work as self employed while claiming SMP from my school job?

    Also can I claim maternity allowance?

    Editor: You can continue to work at your self employed job and not lose SMP. You cannot, however, claim both SMP and MA at the same time.

  • Anonymous says:

    I work as a social worker through an agency, i pay my tax and n.i…but my contracts are renewed every 3 months…would I be entitled to anything? thanks.

    Editor: Do you mean for maternity pay? If you have rolling contracts you would qualify on the continuous employment rule, but if you pay your own tax and NI you are probably not considered an employee – see http://www.hmrc.gov.uk/employment-status/. You should qualify for Maternity Allowance which you need to claim from your Job Centre Plus – https://www.gov.uk/maternity-allowance.

  • Anonymous says:

    Hi. I am a part time school swimming teacher and I also work as a self employed swimming teacher. Can I continue to work as self employed while claiming SMP from my school job?

    Also can I claim maternity allowance?

    Editor: You can continue to work at your self employed job and not lose SMP. You cannot, however, claim both SMP and MA at the same time.

  • Anonymous says:

    I work as a social worker through an agency, i pay my tax and n.i…but my contracts are renewed every 3 months…would I be entitled to anything? thanks.

    Editor: Do you mean for maternity pay? If you have rolling contracts you would qualify on the continuous employment rule, but if you pay your own tax and NI you are probably not considered an employee – see http://www.hmrc.gov.uk/employment-status/. You should qualify for Maternity Allowance which you need to claim from your Job Centre Plus – https://www.gov.uk/maternity-allowance.

  • Anonymous says:

    Im self employed and have a small beauty salon with 1 employee. Would I be entitled to maternity pay as income into salon would only cover employees' wages.

    Editor: If you qualify for Maternity Allowance – you have worked for 26 weeks in the 66 weeks up to the due date of your baby and have earned more than £30 a week in any 13-week period and are paying NI contributions – you should qualify - https://www.gov.uk/maternity-allowance/eligibility. You cannot then work while claiming MA.

  • Anonymous says:

    Im self employed and have a small beauty salon with 1 employee. Would I be entitled to maternity pay as income into salon would only cover employees' wages.

    Editor: If you qualify for Maternity Allowance – you have worked for 26 weeks in the 66 weeks up to the due date of your baby and have earned more than £30 a week in any 13-week period and are paying NI contributions – you should qualify - https://www.gov.uk/maternity-allowance/eligibility. You cannot then work while claiming MA.

  • Anonymous says:

    Hello. I am a sole trader of a small business and I earn VERY little. about £140 a month, if that. This is my ONLY income. While I am off work, am I allowed to have my mum work for me, for free, as there will be NO ONE to keep my business open otherwise?

    Editor: Are you claiming Maternity Allowance? You cannot work more than 10 KIT days and still draw MA. However, as a sole trader you can draw income from the business as long as you do not do the work yourself. You could do this in two ways – you could change your business structure to a partnership by adding a partner, who could then run the business. However, partners generally have no financial protection if the business runs into trouble – each partner is responsible for the debts of the business as a whole. You may also need legal advice on drawing up a deed of partnership in case there are future disputes. The partnership would need to be registered with HMRC and a partnership tax return would need to be completed which shows how the profit is split between partners. Each partner is then responsible for paying tax on their share of the profits. Or you could employ someone to run your business during your maternity leave. This could be an unpaid employee eg your mother as long as she is not claiming JSA or other benefits on the basis of not working. If she was paid, you would have to pay tax and NI and ensure you met minimum wage.  

  • Anonymous says:

    Hello. I am a sole trader of a small business and I earn VERY little. about £140 a month, if that. This is my ONLY income. While I am off work, am I allowed to have my mum work for me, for free, as there will be NO ONE to keep my business open otherwise?

    Editor: Are you claiming Maternity Allowance? You cannot work more than 10 KIT days and still draw MA. However, as a sole trader you can draw income from the business as long as you do not do the work yourself. You could do this in two ways – you could change your business structure to a partnership by adding a partner, who could then run the business. However, partners generally have no financial protection if the business runs into trouble – each partner is responsible for the debts of the business as a whole. You may also need legal advice on drawing up a deed of partnership in case there are future disputes. The partnership would need to be registered with HMRC and a partnership tax return would need to be completed which shows how the profit is split between partners. Each partner is then responsible for paying tax on their share of the profits. Or you could employ someone to run your business during your maternity leave. This could be an unpaid employee eg your mother as long as she is not claiming JSA or other benefits on the basis of not working. If she was paid, you would have to pay tax and NI and ensure you met minimum wage.  

  • Anonymous says:

    I am the director of my own limited company. I am the sole employee of my company and pay myself a wage. I have been an employee and director for one year. Before this I was employed and paid NI. Does this mean my company will pay me SMP. I am worried that this means I am paying myself with my own money and am no better off. Would I be eligible for MA instead ?
    Thanks for any advice. I'm finding it very difficult to understand!

    Editor: If you meet the criteria for SMP – you've been employed by the same company since just before you got pregnant until at least the 26th week of your pregnancy and earned on average £109 in the eight weeks leading up to the 26th week of your pregnancy – you should qualify as an employee. Most of the cost of SMP can be reclaimed from the Government – see http://www.hmrc.gov.uk/payerti/employee/statutory-pay/smp-overview.htm#2

  • Anonymous says:

    I am the director of my own limited company. I am the sole employee of my company and pay myself a wage. I have been an employee and director for one year. Before this I was employed and paid NI. Does this mean my company will pay me SMP. I am worried that this means I am paying myself with my own money and am no better off. Would I be eligible for MA instead ?
    Thanks for any advice. I'm finding it very difficult to understand!

    Editor: If you meet the criteria for SMP – you've been employed by the same company since just before you got pregnant until at least the 26th week of your pregnancy and earned on average £109 in the eight weeks leading up to the 26th week of your pregnancy – you should qualify as an employee. Most of the cost of SMP can be reclaimed from the Government – see http://www.hmrc.gov.uk/payerti/employee/statutory-pay/smp-overview.htm#2

  • Anonymous says:

    Hi. I was employed up to 13/10/2013 this day I stoped work and now I am not at work. I understand that I am pregnant in 12 weeks now. The question is: Can I take maternity allowance if I will go self employed now?

    Editor: To qualify for maternity allowance you need to have been employed or self employed for 26 of the 66 weeks before the due date of your baby. These do not need to be consecutive. See https://www.gov.uk/maternity-allowance/eligibility

  • Anonymous says:

    Hi. I was employed up to 13/10/2013 this day I stoped work and now I am not at work. I understand that I am pregnant in 12 weeks now. The question is: Can I take maternity allowance if I will go self employed now?

    Editor: To qualify for maternity allowance you need to have been employed or self employed for 26 of the 66 weeks before the due date of your baby. These do not need to be consecutive. See https://www.gov.uk/maternity-allowance/eligibility

  • Anonymous says:

    Hi. I am a full time school teacher and I also work as a self employed swimming teacher, can I continue to work as a swimming teacher while claiming maternity pay from my school job?

    Editor: Yes – your maternity pay should not be affected.

  • Anonymous says:

    Hi. I am a full time school teacher and I also work as a self employed swimming teacher, can I continue to work as a swimming teacher while claiming maternity pay from my school job?

    Editor: Yes – your maternity pay should not be affected.

  • Anonymous says:

    Hi,
    My husband and i are starting to think about our 3rd child. I am now self employed, i run my own company,as a sole trader. (make up artist, and selling cosmetics) If i claim MA, how do i keep the profile of my company high so i have work to return to? You state 10 KIT days are allowed- is there a specific number of hours, could i spend say 3 hours a week promoting my company,to ensure i don't lose my current customers? Could my husband run the company for me- promoting my website to generate sales? Or do i have to choose between MA and running a business? I dont want to lose my name and reputation after i have worked so hard to get it, or i won't have a job to return to.

    Editor: I am afraid you will lose MA if you work more than 10 days [full or part] during your maternity leave.

  • Anonymous says:

    Hi,
    My husband and i are starting to think about our 3rd child. I am now self employed, i run my own company,as a sole trader. (make up artist, and selling cosmetics) If i claim MA, how do i keep the profile of my company high so i have work to return to? You state 10 KIT days are allowed- is there a specific number of hours, could i spend say 3 hours a week promoting my company,to ensure i don't lose my current customers? Could my husband run the company for me- promoting my website to generate sales? Or do i have to choose between MA and running a business? I dont want to lose my name and reputation after i have worked so hard to get it, or i won't have a job to return to.

    Editor: I am afraid you will lose MA if you work more than 10 days [full or part] during your maternity leave.

  • Anonymous says:

    Hi, I am a self employed part time hairdresser earning less than £200 a month. Can I qualify for maternity pay on such a low income and do I need to be paying national insurance contributions to qualify?

    Editor: You should qualify for Maternity Allowance – see https://www.gov.uk/maternity-allowance/eligibility

  • Anonymous says:

    Hi, I am a self employed part time hairdresser earning less than £200 a month. Can I qualify for maternity pay on such a low income and do I need to be paying national insurance contributions to qualify?

    Editor: You should qualify for Maternity Allowance – see https://www.gov.uk/maternity-allowance/eligibility

  • Anonymous says:

    Hi, I am a self employed physiotherapist/massage therapist. I am looking to claim MA, but wondered if I am able to work a small number of hours on an ad hoc basis?

    Editor: You are allowed to work as an employed or self-employed person for up to 10 days during your Maternity Allowance Period without losing any MA. These special days are known as Keeping in Touch (KIT) days.

  • Anonymous says:

    Hi, I am a self employed physiotherapist/massage therapist. I am looking to claim MA, but wondered if I am able to work a small number of hours on an ad hoc basis?

    Editor: You are allowed to work as an employed or self-employed person for up to 10 days during your Maternity Allowance Period without losing any MA. These special days are known as Keeping in Touch (KIT) days.

  • Anonymous says:

    Hi I have 2 jobs – 1 in a nursery for an employer and the other self employed hairdresser. I go on maternity in a few weeks, but am not sure if I am allowed to still work for my self employed job and pay tax while I am getting paid maternity for my nursery job.

    Editor: You are fine to do your self employed job while getting SMP.

  • Anonymous says:

    Hi I have 2 jobs – 1 in a nursery for an employer and the other self employed hairdresser. I go on maternity in a few weeks, but am not sure if I am allowed to still work for my self employed job and pay tax while I am getting paid maternity for my nursery job.

    Editor: You are fine to do your self employed job while getting SMP.

  • Anonymous says:

    How does A/L work with maternity leave?

    Editor: You retain your right to annual leave when on maternity leave and can either take it before you go on maternity leave or add it on to the end of your leave. However, some companies have a policy of not allowing people to carry leave from one financial year to another so if your maternity leave crosses two years you might lose it for the first year if you try to take it in the second.

  • Anonymous says:

    How does A/L work with maternity leave?

    Editor: You retain your right to annual leave when on maternity leave and can either take it before you go on maternity leave or add it on to the end of your leave. However, some companies have a policy of not allowing people to carry leave from one financial year to another so if your maternity leave crosses two years you might lose it for the first year if you try to take it in the second.


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