Maternity pay: The facts and your entitlements

How do I go about applying for SMP?

In pretty much the same way as you would apply for Maternity Leave. You must write to your employer to tell them that you are going to take leave at least 21 days before you intend to stop work. In this letter you must say that you want to claim SMP. Just as Maternity Leave begins, at the earliest, 11 weeks before your baby is due, the earliest you can be paid SMP is 11 weeks before the baby is due.

If I decide not to return to work, do I have to repay SMP?

No, if you qualify for SMP, then you are entitled to it. Payment has nothing to do with whether or not you return to work.

If I don’t qualify for SMP, is there any other kind of payment available?

Yes, there is. You may qualify for Maternity Allowance.

How would I qualify for Maternity Allowance?

If you are self-employed, have only recently started the job you are in, or have changed jobs during pregnancy, you are probably not entitled to SMP, Instead, you might be able to claim Maternity Allowance. Like SMP, this is payable for 18 weeks, starting, at the earliest, 11 weeks before your baby is due to arrive.

To qualify for Maternity Allowance, you must have worked at least 26 weeks out of the 66 weeks before your baby is due. What’s more, you must have either: earned more than £67 per week for any 13 weeks in any one job (and you will be paid £60.20 a week); or else you must have earned at least £30 a week in any 13 consecutive weeks, not necessarily from the same job (and you will be paid 90% of your average earnings).