Maternity Benefits

Your rights to maternity leave

If you are expecting a baby you are entitled to up to 52 weeks maternity leave, even if you do not qualify for Statutory Maternity Pay or Maternity Allowance. This is regardless of how long you have worked for your employer.

(There are some exceptions, for example, women in the armed forces. But for most women the law says you are entitled to 52 weeks.)

You can choose when to start maternity leave and how much you want to take, up to the 52 weeks allowed. The earliest you can start is 11 weeks before the baby is due. However, your maternity leave will start automatically if you are absent from work for a pregnancy-related illness within four weeks before the start of your expected week of childbirth.

You should tell your employer by the end of the 15th week before your baby is due that you are pregnant, when your baby is due, and the date you intend to start your maternity leave.

Also, you are entitled to reasonable paid time off work for antenatal care.

Statutory Maternity Pay

Statutory Maternity Pay (SMP) is paid for 39 weeks by your employer. You are entitled to SMP if you have worked for the same employer for at least 26 weeks by the end of the 15th week before the baby is due. These can be part or full weeks. Your average earnings before tax and National Insurance Contributions (NI) in the eight weeks up to and including the 15th week before the baby is due must be £87 or more (April 2007 rate).

• You must ask your employer for SMP at least four weeks before you plan to stop work.
• You can choose when to start getting SMP. The earliest you can start getting it is 11 weeks before the baby is due. But, you can delay claiming up until the day following the birth.
• You will usually have to pay tax and NI on SMP.
• You can still get SMP even if you do not intend to return to work.
• If you have two or more jobs, you may be able to get SMP from each employer.

How much is Statutory Maternity Pay?

The amount you get depends on how much you earn. The first six weeks of SMP is 90% of your weekly wages. For the remaining 33 weeks it is either £112.75 a week or 90% of your average weekly wages, whichever is less (April 2007 rate). SMP is paid in the same way and at the same time as your normal wages or salary.

How do you claim Statutory Maternity Pay?

Your doctor or midwife will issue a certificate MAT B1 when you are about six months' pregnant. You must show this to your employer when you claim SMP, at least four weeks before you want to stop work.

What if I work but do not qualify for SMP?

Your employer should give you a form SMP1. You may then be able to claim Maternity Allowance from the Department of Work and Pensions (see below).

Maternity Allowance

You may be able to claim Maternity Allowance if you don't qualify for Statutory Maternity Pay. For example, you may be self-employed, be on a low income, have recently become unemployed, or have recently changed employer. To get Maternity Allowance you must have:

• Been working for an employer or been self-employed for at least 26 week in any of the 66 weeks up to and including the week before your baby is due. Part weeks are counted as full weeks; and
• Earned on average £30 a week or more in 13 of the 26 weeks.

So, you may also be eligible to claim if you are not working now, but have worked recently.

How much is Maternity Allowance?

The allowance is £112.75 per week or 90% of your recent average earnings, whichever is less. (April 2007 rate).

When is Maternity Allowance payable?

If you are unemployed, Maternity Allowance will start 11 weeks before your baby is due. If you are working, you can start claiming 11 weeks before your baby is due, but you can delay claiming up until the day following the birth. It is paid for up to 39 weeks.

How do you claim Maternity Allowance?

Get a claim form from your local office of the Department of Work and Pensions (your local Jobcentre Plus office or social security office). See below for contact details.

Sure Start Maternity Grant

The Sure Start Maternity Grant (SSMG) is a lump sum of £500. It is intended for people on a low income to help with buying things needed for a new baby. However, you can spend the money on anything. It can be claimed any time from the 29th week of pregnancy until the baby is three months old. People who are adopting a baby can also claim. This must be within three months of the adoption and the baby should not be more than 12 months old when you claim.

It is payable if you or your partner receive Income Support or income-based Jobseeker's Allowance. Some people who get Child Tax Credit or Working Tax Credit are also eligible, depending on circumstances. Your savings are not taken into account

Payment of the grant is conditional upon you providing evidence that you have received health advice from a health professional (GP, midwife or health visitor). This advice will cover the health and welfare of you and your baby. You will normally be given this advice during your routine antenatal and postnatal care.

How do you claim Sure Start Maternity Grant?

Get the Sure Start claim form, SF100, from your local office of the Department of Work and Pensions (your local Jobcentre Plus office or social security office). See below for contact details. The form includes a part which must be signed by a doctor, health visitor or midwife to confirm that you have had health advice.

How do you get free prescriptions and dental care?

If you are pregnant or have had a child in the past year, your are entitled to free prescriptions. Get a form your doctor, midwife or health visitor to apply for a prescription exemption certificate.

If you are pregnant or if you have had a child in the last 12 months then you are entitled to free treatment. You need to show form MAT B1 to the dentist.

Who can get help from the Healthy Start scheme?

Healthy Start is a government scheme that provides free milk, fresh fruit and vegetables, infant formula, and vitamins to certain pregnant women and children. People who are eligible include the following:

• If you are pregnant or have at least one child under four years old, AND you or your family are receiving:
  • Income Support, OR
  • Income-based Jobseeker's Allowance, OR
  • Child Tax Credit and the family has an income below a certain limit (the limit in April 2007 was £14,155 or less).
• If you are pregnant and are under 18 years old.

For details, ask your midwife, health visitor or see the leaflet called 'Healthy Start'.

Statutory paternity pay

Your partner may also be entitled to Statutory Paternity Pay. See separate leaflet for details.

Further information, help and advice

Department for Work and Pensions

Their website provides a list of claim forms that you can download or fill in online for benefits, allowances, pensions, etc - www.dwp.gov.uk/resourcecentre/claim_forms.asp
Contact details of their local offices (Jobcentre Plus offices and other 'social security' offices) can usually be found in the phone book under 'Jobcentre Plus'.
Or, find out about local offices and much more from the website www.jobcentreplus.gov.uk

Directgov

Web: www.direct.gov.uk.
Directgov provides information from across UK government departments on topics ranging from travel safety and parental leave, to special educational needs, local NHS services, and benefits. The site also brings together an increasing number of online government services - including being able to download and/or complete certain benefit claim forms online.

Citizens Advice Bureau

Provides independent advice on many issues including benefits. Listed in the phone book under 'Citizens Advice Bureaux'. Also, see their excellent website: www.citizensadvice.org.uk