Maternity Allowance and Occupational Maternity Pay

[wishuwerehere]

I tried asking about this before in more vague terms and got no answer, so will try being more specific!

I have a friend whose salary is close to the NI threshold for earning for receiving Statutory maternity pay. She asked work and they told her that she was entitled, however, when they actually bothered to do the calculation based on her qualifying week she did not qualify and a letter was sent to her telling her to claim Maternity allowance. however, this was only sent after she went on leave, and to her workplace, so she did not receive it.

This was several months ago. However, her work have still been paying her occupational maternity pay. Now that OMP has run out she has discovered the address error and applied for backdated MA. However, for the time when she received OMP, the two (MA+OMP) will exceed her full pay. She has already contacted HR who said she would not have to pay back OMP. She also detailed exactly what she had received from work in her MA application. What she wants to know is - will she receive both?? This seems mad but as work have said she won't need to pay any back it seems likely she's about to exceed her usual earnings whilst on maternity leave?

Has anyone else had something like this happen? it's an odd scenario!

 

[maisie78]

I can't be exactly sure but I doubt very much she would get MA. OMP at my organisation is the OMP paid by the company offset against SMP so I would assume your friend has received SMP within the OMP. Glad they have said she doesn't have to pay it back. I know my organisation would expect it back.