Statutory Maternity Pay Eligibility and Payments

To be eligible for Statutory Maternity Pay (SMP), you must have been earning at least £116 per week, averaged over the 8 weeks leading up to your 11th week of pregnancy.

You'll need to have been continuously employed by your employer for at least 26 weeks by the end of the 15th week before the expected week of childbirth.

If you're self-employed, you'll receive a Maternity Allowance from HMRC, which is a separate payment from SMP.

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To check if you're eligible for statutory maternity pay, you need to meet two main conditions. If you've been working continuously for 26 weeks for the same employer before your qualifying week, you're off to a good start.

You'll also need to have earned at least £125 a week on average for 8 weeks before your qualifying week. This ensures you have a steady income to support you during your maternity leave.

If you have multiple employers, you might be able to get statutory maternity pay from each one, if you're eligible. This is great news for those with multiple jobs!

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As an employee, you're automatically eligible for statutory maternity pay. However, if you're a worker, you might also be able to get it. It's always worth checking.

To work out your qualifying week, count 15 weeks back from the week you're due to have your baby. You can use a calendar to make it easier.

Here's a quick checklist to help you remember:

Remember to check the GOV.UK website for more information and to use their maternity calculator to estimate your payments.

Statutory Maternity Pay is paid for a total of 39 weeks, which is a significant amount of time to receive financial support while on maternity leave.

You'll get 90% of your average weekly earnings, which is a great benefit for new mothers. Your employer will calculate your average weekly earnings by averaging your gross earnings over a period of at least eight weeks, including the last payday before your qualifying week.

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Your employer will pay you SMP in the same way and at the same time as your normal wages, making it easier to plan your finances during this time. SMP is treated as earnings, so your employer will take off income tax and NI contributions, as well as other deductions like trade union subscriptions and pension contributions.

You'll receive statutory maternity pay for 39 weeks, which is a standard period for this benefit.

The amount you get is 90% of your average weekly earnings, and you should check your contract or talk to your employer to find out the exact figure.

If your employer offers enhanced maternity pay, you might get more than statutory maternity pay, but be aware that you might have to repay some or all of the enhanced amount if you don't return to work or leave shortly after maternity leave.

The rate of statutory maternity pay is 90% of average weekly earnings for the first six weeks, and for the following 33 weeks, it's £151.97 a week in 2021, or 90% of average weekly earnings if lower.

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The benefit can continue for up to 39 weeks altogether, and the period can begin in any week from 11 weeks before the baby is expected to the week after the birth.

Here's a breakdown of the statutory maternity pay period:

Your Statutory Maternity Pay payments will be subject to tax and National Insurance deductions, just like your regular wages. This means your employer will take off income tax and NI contributions from your SMP.

SMP is treated as earnings, so your employer will deduct National Insurance contributions from your pay. You'll still be able to maintain your entitlement to state benefits, such as pensions.

Your employer can recover at least 92 per cent of the SMP they have to pay, and 100% for small employers. This is because SMP is taxable, and your employer can claim back some of the costs.

To calculate your average weekly earnings, your employer will average your gross earnings over a period of at least eight weeks.

This period may vary depending on how often you are paid. Your employer will take into account your gross pay that you received in the set period, as long as it counts for National Insurance (NI) contributions.

Gross pay that includes sick pay, overtime payments, bonus payments, arrears of pay, or holiday pay is all included in the calculation. It's when you get paid the money that counts, not when it was actually earned.

You'll get paid 90% of your average gross weekly earnings for the first six weeks of your maternity leave, with no upper limit.

For the remaining 33 weeks, you'll get the lower of the standard rate of £187.18 or 90% of your average gross weekly earnings.

The same amount of maternity pay applies if you have more than one baby, for example twins.

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To apply for Statutory Maternity Pay, you'll need to give your employer notice that you intend to stop work due to pregnancy at least three weeks before you plan to stop. This notice must be in writing and should include evidence of your expected due date, typically provided on a Maternity Certificate form called Mat B1.

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You can obtain the Mat B1 form from your doctor or midwife. Make sure to give your employer this form along with your written notice. This will help ensure a smooth process for both you and your employer.

If you work through an agency, you're entitled to Statutory Maternity Pay if you meet the eligibility criteria. This is the same as permanent employees.

Self-employed mothers, unfortunately, don't qualify for Statutory Maternity Pay, but you can apply for Maternity Allowance, which offers a similar benefit.

Teachers and public sector employees typically qualify for Statutory Maternity Pay, but some may also receive enhanced maternity packages depending on their contract or employer.

Self-employed women and those in legal custody when their claim starts do not qualify for Statutory Maternity Pay.

Certain groups are also excluded, including those in the armed forces and certain mariners.

A stillbirth before the 24th week of pregnancy does not qualify for SMP, but could qualify for statutory sick pay.

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If you're self-employed, you're not eligible for Statutory Maternity Pay (SMP). Self-employed women or those in legal custody when your claim starts do not qualify.

Certain professions are also excluded from SMP, including those in the armed forces. This means if you're a serving member of the armed forces, you won't be entitled to SMP.

A stillbirth before the 24th week of pregnancy is not considered a qualifying event for SMP, but you may be eligible for statutory sick pay.

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Having multiple pregnancies can bring its own set of challenges, but fortunately, your Statutory Maternity Pay entitlement remains the same regardless of how many babies you're expecting.

If you're expecting twins, triplets, or more, you'll still receive the standard Statutory Maternity Pay entitlement.

This means you won't have to worry about your pay being affected by the number of babies on the way.

Here's a breakdown of your entitlement:

Your employer will still be required to pay you the standard amount of Statutory Maternity Pay, even if you're having multiple babies.

If you're expecting a baby, it's essential to understand how Statutory Maternity Pay applies to your situation. Agency workers who meet the eligibility criteria are entitled to Statutory Maternity Pay in the same way as permanent employees.

Self-employed mothers, on the other hand, don't qualify for Statutory Maternity Pay, but they can apply for Maternity Allowance, which offers a similar benefit. This is a crucial distinction to make, especially if you're not sure about your employment status.

You can work for up to 10 Keeping in Touch days while receiving Statutory Maternity Pay without losing your payments. These are optional workdays, and they must be agreed upon with your employer.

Here are the different types of workers and their Statutory Maternity Pay entitlements:

If you're expecting a baby and wondering how Statutory Maternity Pay applies to you, it's essential to know the rules.

Agency workers are entitled to Statutory Maternity Pay if they meet the eligibility criteria, just like permanent employees.

Self-employed individuals, however, don't qualify for Statutory Maternity Pay, but they can apply for Maternity Allowance instead.

Teachers and public sector employees typically qualify for Statutory Maternity Pay, but some may also receive enhanced maternity packages depending on their contract or employer.

Here's a quick rundown of the different types of workers and their maternity pay entitlements:

You can work for up to 10 Keeping in Touch days while receiving Statutory Maternity Pay without losing your payments.

These optional workdays must be agreed upon with your employer.

If you return to work before the 39 weeks are up, Statutory Maternity Pay will stop.

You can get Employment and Support Allowance (ESA) if you're unable to work due to illness or disability.

ESA is £92.05 per week if you're over 25 or a single parent over 18. It's paid from six weeks before your baby is due until two weeks after your baby is born.

You don't have to take a Work Capability Assessment if you're claiming ESA (Maternity). Your maternity certificate (form MATB1) is accepted as evidence of incapacity for work.

If you've paid or been credited with enough National Insurance contributions during the last three tax years, you can get ESA even if you're not recently working.

You can claim ESA (Maternity) using the claim form MA1 for Maternity Allowance. If you're not entitled to MA, the DWP will check your National Insurance record to see if you can get ESA.

If you don't get a decision on your entitlement to ESA, you should call the MA Claims team on 0800 169 0283 and ask.

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