Maternity Pay Options
Employees who pass the service and earnings tests get pay from their employer; others, including the self-employed, may claim the government allowance instead.
By the Ledger desk3 min read
Photo: USDAgov / Wikimedia Commons, Public domain
Statutory Maternity Pay (SMP) comes from your employer if you pass its length-of-service and earnings tests; Maternity Allowance is the government payment for those who do not, including self-employed people and those who have recently stopped working.
| Statutory Maternity Pay | Maternity Allowance | |
|---|---|---|
| Who pays | Your employer, like wages, with tax and National Insurance deducted | The government, after a claim on form MA1 |
| Who can get it | Employees with 26 weeks' continuous service into the qualifying week and earnings above a set minimum | Employees who cannot get SMP, the self-employed, people who recently stopped working, unpaid helpers in a spouse's or civil partner's business |
| How long | Up to 39 weeks | Up to 39 weeks (up to 14 weeks for unpaid work in a partner's business) |
| How to claim | Notice and proof of pregnancy to your employer | Form MA1, from 26 weeks of pregnancy |
How Statutory Maternity Pay Works
SMP is paid to employees by their employer for up to 39 weeks: 90% of your average weekly earnings before tax for the first 6 weeks, then a standard weekly rate or 90% of your earnings, whichever is lower, for the remaining 33 weeks. To qualify, you must have worked for the same employer continuously for at least 26 weeks continuing into the "qualifying week", which is the 15th week before the expected week of childbirth. You must also earn at least a minimum average weekly amount, set each tax year, and give the correct notice and proof.
Tell your employer the day you want SMP to start at least 28 days beforehand, in writing if they ask. Within 21 days of that date, give them a letter from your doctor or midwife or your MATB1 maternity certificate, which is issued no more than 20 weeks before the due date. If your employer decides you cannot get SMP, they must give you form SMP1 within 7 days of their decision, explaining why.
Who Gets Maternity Allowance
If you cannot get SMP, you might be able to get Maternity Allowance instead. The main test is that you were employed or registered as self-employed for at least 26 weeks in the 66 weeks before the week your baby is due, with some earnings in that time. You can claim as soon as you have been pregnant for 26 weeks, and payments can start any time from the 11th week before your due date to the day after the baby is born.
To claim, fill in form MA1 from GOV.UK, which you can print, complete online and print, or order as a paper copy. Send it with your payslips, your MATB1 or a doctor's or midwife's letter, and the SMP1 form if your employer refused you SMP. A decision should arrive within 20 working days, and you can challenge it by asking for a mandatory reconsideration. Maternity Allowance can affect other benefits, so check before you claim.
Shared Parental Leave and the Calculator
Shared Parental Leave lets eligible parents share up to 50 weeks of leave and up to 37 weeks of pay in the child's first year. To use it, the mother ends her maternity leave and pay early, and the untaken weeks become available to share.
Which payment you can get depends on your work record, so start with the maternity entitlement calculator on GOV.UK. It checks your eligibility for SMP and Maternity Allowance, and the GOV.UK pages give the current weekly rates.
General information, checked against the sources below at the time of writing. Rules, rates and deadlines change, often each April; confirm with GOV.UK, the council or the organisation concerned before you rely on them. For advice on your own case, Citizens Advice is free.
