SMP from employer..

[ange1_face]

Grrr - Sent my MATB1 form in to my employer (I've only been there since Aug) they emailed me last week to say I wouldn't get SMP?

I'm really confused as I thought I would get it - Can someone pls look at my dates etc and tell me the reasons why I won't get it.....

Baby Due 12.04.2012
First day of Mat Leave 16.03.2012

Started current employment 16.08.2012

Before which my employment at a diff company was From 10.01.2005 - 30.06.2011 so I had a 7 week unemployed gap.

Here's my dates etc from direct gov...

The week that inc the date expect to have baby: 08/04 – 14/04
First day of test period: 02 Jan 2011
Last Day of test period: 07 Apr 2012
The 15th week before the week your baby is due starts on: 25 Dec 2011

I'm wondering if I say I want my mat leave to start on 8th April that I'll get it as its the day after my test period or am I completely off the mark?

Someone pls help - going out my nut thinking I'll get nowt

[The-HouseHusband]

you need to have applied for SMP 15 weeks prior to your due date, so in your case your forms needed to be in prior to the 25 Dec 2011.

[Buenchico]

You've obviously been to the Directgov website but you seem to have missed a vital piece of information:
"To qualify for SMP you must have been employed by the same employer continuously for at least 26 weeks into the 15th week before the week your baby is due (the qualifying week)"
http://www.direct.gov...pchildren/DG_10018741

Since the '15th week before' was around Christmas, and you only started work with your current employer in August (assuming that '16.08.2012' should actually read '16.08.2011'), you fail to meet the '26 week rule'.

However while you don't qualify for SMP, you should qualify for SMA:
http://www.direct.gov...pchildren/DG_10018869

So, instead of completing form MATB1, you should have used form MA1:
http://www.dwp.gov.uk...imforms/ma1_print.pdf

Chris

[THECORBYLOON]

The employer also needs to complete an SMP1 confirming there is no entitlement to SMP. The SMP1 needs to be sent with the MATB1 and the claim form.

[bednobs]

as chris points out, you need essentially to have been working for your employer form at least the day before you got pregnant, so it looks like you've missed out by a few days/weeks. as far as i know MA is the same money as SMP

[THECORBYLOON]

SMP is paid at 90% of the average gross earnings for the first six weeks and at that same rate or £128.73 per week, whichever is lower, for the remaining thirty-three weeks. Maternity Allowance is the same rate for the whole period paid at 90% of average gross earnings or £128.73 per week whichever is lower.