Statutory Maternity Leave and Pay
All employed women with babies born after 1st April 2007 are entitled to take up to 52 weeks Maternity Leave, beginning anytime from the 29th week of pregnancy (i.e. 11 weeks before your baby is due) with the right to return to the same job or a suitable job on very similar terms. You may work right up until the date your baby is born unless you have a pregnancy related illness. If you are off sick anytime during the last four weeks of your pregnancy (even for one day), your employer can enforce your maternity leave from that day.
If your baby is born early, you (or your partner) should advise your employer immediately and your 52-week maternity leave entitlement will begin the day after your baby is born.
You must inform your employer that you are pregnant at least 15 weeks prior to the week your baby is due, detailing when you intend your Maternity Leave to begin as well as your anticipated due date. It is in your interest to notify your employer sooner rather than later, as you have the right to paid time off for antenatal care, protection against dismissal or discrimination and additional health and safety protection once your employer knows you are pregnant.
All women employees are entitled to Maternity Leave from day one of their employment regardless of how many hours you work or how long you have worked for your employer, as long as your employer deducts tax and National Insurance from your pay, controls the work you do and when you do it. However, you need to obtain a MAT B1 certificate from your midwife or GP to give to your employer.
You are also legally entitled to four weeks annual leave.
Statutory Maternity Pay (SMP) will be paid to all women who have been in the same job throughout their pregnancy up until the qualifying week (i.e. 15 weeks before your baby is due) and earn an average of £87 per week or more. SMP is paid to women for a maximum of 39 weeks (while on maternity leave) and is subject to Tax and National Insurance deductions. The remaining 13 weeks Maternity Leave will be unpaid unless an alternative agreement has been made with your employer.
Statutory Maternity Pay for women with babies born after 1st April 2007 is:
You are entitled to claim SMP even if you do not intend to return to work and you do not have to repay it if you decide not to return to work. SMP can only be paid from 11 weeks prior to the week your baby is due. You should give your employer 28 days notice of the date you want SMP to start.
You can work for a maximum of 10 days for an employer who pays you SMP and still keep the SMP for the days you have worked. After that, you cannot receive SMP for any week you work or part thereof. If you return to work early, your SMP will stop. If after the birth you start work for a new employer, you must advise your previous employer to stop paying SMP.
Click here to calculate your SMP entitlement via the HM Revenue & Customs website.
Maternity Allowance (MA) can be claimed by women who are self-employed, have changed jobs or have had periods of low income/unemployment during pregnancy and are not entitled to Statutory Maternity Pay.
MA is £112.75 per week or 90% of your average weekly earnings (whichever is less) for a maximum of 39 weeks beginning anytime from 29th week of pregnancy. If you are unemployed 11 weeks prior to your due date, MA will begin at this time. If you are employed or self employed at this time, you can choose to start receiving MA at a later date, the latest possible start date being the day after your baby is born.
You can claim MA if you have been employed and/or self-employed in at least 26 of the 66 weeks before your expected week of childbirth. You must also have gross weekly earnings of at least £30 per week in any given 13 weeks during this period. You should choose the 13 weeks in which you earned the most. In your chosen weeks, you can add together earnings from more than one job, including any self-employed work.
To claim MA, download and complete an MA1 form from the Jobcentre Plus website www.jobcentreplus.gov.uk within 3 months of the date you want your MA to start. Send it together with your maternity certificate (MAT B1), issued by the midwife or GP. If you find you are not eligible for Maternity Allowance, your Jobcentre Plus office should automatically check whether you are entitled to receive Incapacity Benefit.
In the event that your baby is born early, SMP or MA will begin on the day following your baby's birth and will continue for 39 weeks thereafter.
Statutory Paternity Leave and Pay
Partners (regardless of gender or whether they are the baby's biological father) are able to take up to two weeks' leave to care for the child and support the mother providing they are responsible for bringing up the child and have worked for the same employer for at least 26 weeks by the 15th week before your baby is due. Paternity leave can be taken anytime within 56 days of your baby's birth.
Up to two weeks Statutory Paternity Pay (SPP) can be claimed at a rate of £112.75 per week or 90% of average earnings (whichever is less) as long as your partner is still employed by the same employer when the baby is born and has earned at least £87 per week on average (before tax) in the eight weeks running up to the week your baby is born.
Your partner should give their employer 28 days notice of the date they want SPP to start.
Child Benefit
£17.45 per week for your first child
£11.70 per week for other children
This is payable to every person responsible for the care of a child in the UK every four weeks (in arrears) directly into your bank, building society or Post Office® card account. In some circumstances e.g. families on a low income or single-parent families, the benefit maybe paid weekly.
To claim, go to www.hmrc.gov.uk/childbenefit/ and download a form or call 0845 302 1444 and a form can be sent to you.
You could also get a pack from your local Jobcentre Plus (go to www.jobcentreplus.gov.uk to find your local office) or you may find one in the Bounty Pack, which most mothers are given by their midwife.
Child Trust Fund
All children born on or after 1 September 2002 will automatically receive a Child Trust Fund voucher for £250 as soon as Child Benefit has been awarded. You do not need to apply. The voucher will automatically be sent to the person that receives the Child Benefit. If you do not receive Child Benefit, you are not eligible to receive this voucher.
If your household annual income is below £14,496 and you receive the full Child Tax Credit allowance, your child may be eligible to receive a further £250.
However, the money must be deposited into a Government approved Trust Fund Account. Details of these accounts are listed in the information pack that accompanies the voucher.
You are able to deposit a further £1,200 per year without having to pay tax on interest or gains made on this account. The money can only be taken out of the Trust Fund by the account holder i.e. the child, on or after their 18th birthday.
For more information visit the website www.childtrustfund.gov.uk or call 0845 302 1470.
Child Tax Credit
Child Tax Credit can be claimed by lone parents or couples who have one or more children. Nine out of ten families with children will receive this benefit.
The amount you receive depends on your current circumstances, for example, the number of children in your household, the number of hours you (and/or your partner work), and your household's gross income for the last tax year.
For further information or to apply, call the Child Tax and Working Tax Credits helpline on 0845 300 3900.
Working Tax Credit
Working Tax Credit can be claimed by anyone legally working in the UK, as long as:
As with Child Tax Credit, the amount you receive will depend on your circumstances and your household's gross annual income. However, families with children with an annual income of £50,000 or less, can expect to receive combined tax credits of at least £545 per year. A single parent staying at home to look after their child could get as much as £2,390 per year in tax credits.
If you are on Maternity Leave, being paid Statutory Maternity Pay or Maternity Allowance and were working enough hours immediately before starting your maternity leave, you will be eligible for this benefit.
Working Tax Credit can include a childcare component to help with up to 80% of the cost of registered and approved childcare (up to a weekly maximum of £175 for one child or £300 for two or more children), where a lone parent or both partners in a couple work for at least 16 hours per week.
For further information or to apply, call the Child and Working Tax Credits helpline on 0845 300 3900.
If there is a change in your circumstances, it may affect the amount you receive so notify the Child and Working Tax Credits helpline. The benefit will be adjusted from the date of the change but payment can only be backdated up to a maximum of three months.
Other Benefits
If you are unemployed or on a low income, you may be entitled to receive further benefits such as Incapacity Benefit, Housing Benefit, Council Tax relief, Jobseekers Allowance or Income Support. If you already receive one or more of these benefits, you may also be eligible to get the £500 Sure Start Maternity Grant for help with fares to hospital for treatment.
For further information or to make a claim, contact Jobcentre Plus on 08000 55 66 88.