confusion over smp and MA

[jess_smurf]

well My work says I am not entitled to SMP as been on ,at leave for last 9 mth so need to claim MA, benefits office says I am entitled to SMP and need to get my work to pay me

At the rate i will end up with no money at the end of may what can i do ??

I am on mat leave since beginning of may last year but my son was stillborn

I am expecting again and due to go on mat leave again at beginning of may

I dont understand ?

 

[littleblonde]

Has your work given you your smp1 yet that says why you re not entitled?If they have show this to the job centre then someome will have to help you. sorry couldnt give you more advise

 

[MrsRH]

If you have been off for more than the 26 weeks it may be MA that you get

Have a word with your HR
good luck hun
xxx

Eligibility
To qualify for SMP, you have to satisfy two basic rules:

the continuous employment rule and
the earnings rule
There are also other things you must do to qualify:

you must tell your employer when you want your SMP to start and
provide medical evidence of the date your baby is due
The continouous employment rule
To qualify for SMP, you must satisfy the continuous employment rule. You must have been employed by your employer for a continuous period of at least 26 weeks into the qualifying week (which is the 15th week before the week in which the baby is due). This period must include at least one day's employment in the qualifying week.



Although continuous employment usually means employment by the same employer without a break, there are some circumstances when breaks in employment can be disregarded (see below). The employment rule may be modified slightly if your baby is born prematurely.

When broken employment can be taken as continuous
Continuous employment usually means employment by the same employer without a break, but it does not always mean this. There are circumstances when a change of employer can be disregarded. And under some circumstances, your employment can be treated as continuous in spite of some breaks.

For SMP purposes, your employment can be taken as continuous if any one of the following applies:

you are absent (for periods of 26 consecutive weeks or less) because of sickness, injury, pregnancy or childbirth or
you have taken a period of statutory maternity leave, adoption leave, paternity leave or parental leave (in which case, that period counts towards your period of continuous employment) or
you did not take maternity leave but you were not working because you had a break to give birth; you worked for your employer before and after the break, and the break is not more than 26 weeks or

 

[upsybetsy]

The Benefits Office is correct. If you have been on maternity leave for past 9 months that is the same as a continuous 9 month period of employment. You will have accrued holidays (incl. bank holidays) during this period also.

 

[Cham]

In order to quality for SMP, you have to earn at least something like £95 a week during the qualifying week (the 15th week before the baby is due), so it may be that you haven't earned enough.

In any case, you should give your MAT B1 to your employer and they should give you SMP1 form (from your employer stating why they can't pay you SMP), or pay you SMP,