When having a baby, an individual is entitled to Statutory Maternity Leave where they will receive Statutory Maternity Pay (SMP).
SMP is paid for up to 39 weeks, where in the first six weeks an individual will receive 90% of their average weekly earnings (AWE) before tax. For the remaining 33 weeks, the individual will receive £156.66 per week or 90% of their AWE (whichever is lower). SMP is paid in the same way as an individual’s wages where tax and national insurance need to be deducted.
To qualify for SMP the individual must earn on average at least £123.00 a week (gross). The correct notice and proof must be provided to the employer of their pregnancy via a MAT1B form. They must have worked for their employer continuously for at least 26 weeks continuing into the 'qualifying week', which is the 15th week before the expected week of childbirth.
If an individual does not qualify for SMP, they can receive the Maternity Allowance which is a weekly payment from the government which is available to some individuals who are pregnant or have just given birth. They can receive £27.00 a week for up to 14 weeks if they complete unpaid work for their spouse or civil partner's business.
Small businesses often have to make payments to employees to cover statutory maternity and paternity pay. If your business cannot afford to make such payments, you can ask HMRC to provide an advance payment of up to 103% of your employee's statutory maternity, paternity, adoption, and shared parental pay to help your cash flow.
An individual can claim Universal Credit at the same time as both SMP and the Maternity Allowance, however, this will reduce the amount of Universal credit they are entitled to. Universal Credit is the main benefit available for people on low income who are not already on other means-tested benefits or tax credits.
To be eligible for paternity leave (including through surrogacy), they must be legally classed as an employee and have worked for the same employer for at least 26 weeks ending with the 15th week before the baby is due.
If you have any further questions regarding any of the above, please do not hesitate to contact us.
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For more information visit:
https://www.gov.uk/maternity-pay-leave/pay
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