Statutory Maternity Pay / Maternity allowance?

**northernladuk** · 4 January 2017, 08:08

Erm. Looks pretty much like its a no goer from that list. Not sure what else there is to do. Out of interest did you have a signed employment contract? I don't think many if anyone pay redundancy to partners I'm these situations do they?

I'd she's no longer employed by the company how can she claim maternity pay? Sounds odd that.

**WTFH** · 4 January 2017, 09:27

Statutory Maternity Pay / Maternity allowance?

Vegas, you say your partner assisted you, but then you left the PSC. Was she made redundant, or was it because you left that there was no longer a role for her?

If the company is no longer trading, it cannot pay SMP, neither can it complete an SMP1 because it is no longer trading, and since you (and her) left prior to the birth, I would be surprised that she could claim it.

**Lance** · 4 January 2017, 10:12

Originally posted by Vegas View Post

I was a contractor, working through a personal service company. The company employed my partner who assisted me in the performance of my functions. Earlier this year, I was offered a permanent position and took it. My partner was also pregnant and she was made redundant by my PSC soon after and the company is now dormant.

Apparently a very good job she did

If she does not meet the qualifying conditions for SMP, see if she qualifies for Maternity Allowance.

To get MA:
you need to have been employed or self-employed for at least 26 of the 66 weeks before the expected week of childbirth, and
you can find 13 weeks (not necessarily in a row) in which you earned over £30 per week on average. You should choose the weeks in which you earned the most. You can add together earnings from more than one job. You can include employed and self-employed work.
You can also claim MA if your baby is due on or after 27 July 2014 and you are the spouse or civil partner of a self-employed person and you help in their business.

To claim this you go to a Jobcentre Plus.

**Jessica@WhiteFieldTax** · 4 January 2017, 10:28

Originally posted by Lance View Post

Apparently a very good job she did

If she does not meet the qualifying conditions for SMP, see if she qualifies for Maternity Allowance.

To claim this you go to a Jobcentre Plus.

Concur with Lance.

Maternity Pay and Maternity Allowance are mutually exclusive, I think that's where you are going wrong.

Guide to Maternity Allowance here
https://www.gov.uk/government/upload...nteractive.pdf

I think the SMP1 form fails in your case as the employment has already ended, hence the type of option you are wanting to find on there, isn't covered by the form.

**northernladuk** · 4 January 2017, 10:36

Has she looked into sueing her employer for discrimination for making her redundant just because she is pregnant?

That said I don't think you meant you paid her redundancy pay did you?

**pr1** · 4 January 2017, 11:23

Originally posted by northernladuk View Post

Has she looked into sueing her employer for discrimination for making her redundant just because she is pregnant?

That said I don't think you meant you paid her redundancy pay did you?

What, up to 30k tax free lump sum? Nah course he didn't

**Lance** · 4 January 2017, 11:47

Originally posted by pr1 View Post

What, up to 30k tax free lump sum? Nah course he didn't

I've never looked into it but I would reckon that if it was possible to make your wife redundant and get £30k tax free out of the company there would be more doing it than we see.

*ducksfromfloodofnewthreadsaskingifitspossible*

**pr1** · 4 January 2017, 12:31

Originally posted by Lance View Post

I've never looked into it but I would reckon that if it was possible to make your wife redundant and get £30k tax free out of the company there would be more doing it than we see.

*ducksfromfloodofnewthreadsaskingifitspossible*

http://forums.contractoruk.com/gener...-question.html

Statutory Maternity Pay / Maternity allowance?