SMP & Child care vouchers.........

[Abz1982]

I am 100% right in thinking that they CANNOT take the childcare voucher salary sacrifice from SMP yes??

I received my SMP today..........£170 lighter than it should be and pay slip shows they have credited £77 tax (from the 90%) and taken £243 for the vouchers.
They also took the £243 last month when it was still the 90% - were they meant to?? As if not I want that bloody money back!!

 

[LDC]

You're right they can't do that.

You're entitled to your SMP in full and child care vouchers are a benefit and you're still entitled to them, even if you don't earn enough for your salary to be sacrificed. Your SMP can't be sacrificed like normal wages can and your employer should contine to pay your childcare vouchers as a benefit during your maternity leave (normal or additional). The ony thing to note is if they did provide the vouchers and you didn't return after maternity, they can ask for the msoney to cover the cost of the childcare vouchers back.

X

 

[Abz1982]

You're right they can't do that.

You're entitled to your SMP in full and child care vouchers are a benefit and you're still entitled to them, even if you don't earn enough for your salary to be sacrificed. Your SMP can't be sacrificed like normal wages can and your employer should contine to pay your childcare vouchers as a benefit during your maternity leave (normal or additional). The ony thing to note is if they did provide the vouchers and you didn't return after maternity, they can ask for the msoney to cover the cost of the childcare vouchers back.

X

Ohh really? eek.......they haven't said anything about that in any correspondence.........in fact its not said anything re the vouchers, so I think that no one has bothered there arse to really look into it all!

 

[LDC]

I think it's classed as like an additional benefit if you see what I mean? That's why usually they ask for it to be paid back. I'd check with your hr company to be sure, but I think that's what I understand from it. You're probably right, no one has bothered to look/check! Maybe they're hoping you wouldn't have noticed anything!

X

 

[MrsRH]

they CAN take it from the 90% but not basic SMP
hth
x

 

[Abz1982]

I think it's classed as like an additional benefit if you see what I mean? That's why usually they ask for it to be paid back. I'd check with your hr company to be sure, but I think that's what I understand from it. You're probably right, no one has bothered to look/check! Maybe they're hoping you wouldn't have noticed anything!

X

It is actually a bit pathetic if none of them have thought to check as two members of the HR team are also on matty leave!! There were 4 of us all due in within 4 weeks of each other - one being my HR contact!

 

[ArcaneSpark]

Stalking this thread as I'm interested in the answer!

I however would have presumed they would have been taken from smp as its something your choosing to buy. The benefit is they come out of your wage pre tax, not that your company is 'giving' you them? And so I thought you would have to cancel them if you no longer wished to buy them?

 

[LDC]

Here's a useful link

https://www.payingforchildcare.org.uk/data/files/Childcare_during_maternity_leave_April_2012.pdf

X

 

[Abz1982]

Stalking this thread as I'm interested in the answer!

I however would have presumed they would have been taken from smp as its something your choosing to buy. The benefit is they come out of your wage pre tax, not that your company is 'giving' you them? And so I thought you would have to cancel them if you no longer wished to buy them?

nope, as per LDCs link, its classed as a benefit, and these cant be stopped when in smp.

they have rectified the error and are transfering the cash by 3 day bacs tomorrow. yay

 

[ArcaneSpark]

Omg that's amazing!!! Does it include other salary sacrifice schemes such as we can buy supermarket vouchers?

 

[Abz1982]

Omg that's amazing!!! Does it include other salary sacrifice schemes such as we can buy supermarket vouchers?

Im not actually sure, but Id wonder if it was run the same way then possibly. I know that you are not allowed to recieve less benefits and company when on maternity than if you were empoyed etc.

 

[My_First]

Please all do remember that any salary sacrifice schemes can affect the amount of maternity pay you can/will receive. I.e. you 90% SMP will be based on your salary AFTER the salary sacrifice has been taken out, and if you are on a lower earning threshold, you could be getting less SMP (as its 90% OR £136.78 a week). It really is worth looking at the most cost effective way to do it, and maybe consider stopping the salary sacrifice IF it will affect you a lot. Whilst it is still 'free' whilst on maternity, you have in essence already paid for it and had a reduction from it which affects your SMP payment.