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Can you claim maternity pay if you are not working?

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Chasingcars | 23:01 Tue 28th Jun 2011 | Personal Finance
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I finish work with my current employer in September. I am hoping to be working with a new employer straight away. However, if I am not working for a bit, and I should fall pregnant (we are currently trying), I am assuming I wouldnt be able to claim maternity pay as I wouldnt have an employer? I looked at the info on 'Direct Gov' website and its not very clear. I see there is a maternity allowance - is that what you get if you are cannot claim SMP?
thanks in advance
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You would need to be working for your new employer for at least 6 months before they would be liable to pay SMP, but if you don't qualify for that you may be able to claim Maternity Allowance if you have been employed for a total of at least 6 months in the preceding 15 months. See the link to the DWP website:

http://www.dwp.gov.uk...wance-ma/rates-of-ma/

(As an employer I wouldn't be very happy if you either started a new job and announced that you were going on Maternity Leave shortly, even though I wouldn't have to pay SMP, or you were employed for 6 months and got pregnant during that time leaving me to pay SMP and find a temporary replacement.)
The employer can reclaim SMP so that's not relevatn twix. Small employers can actually overclaim SMP in fact.

You still have a point though.
Question Author
Thanks for your advice.
Appreciate your comments about a new job and then leaving to go on maternity though you cant always plan some things in life. I have suffered 2 miss-carriages in the last year and have not taken any time of work as sick leave but carried on even though some days it was a struggle to get out of bed for how low i was feeling. I have worked hard for 15 years and taken very few days off ill. My current job has no opportunitie to develop any further so rather than sit back and moan about it, go on job seakers allowance or claim other benefits, I am doing something about it. We are hoping to start a family but not knowing if that will happen, I cant sit about not working hoping it may happen and put life on hold, instead I am aiming to get a new job, earn more money and save so we can support ourselves when we do have a family. If i should fall pregnant then i plan to work as much as I can before a baby arrives. If this should fall when I have started a new job then thats a bit of a risk i will have to take but I am 32 and mindful i am not getting any younger. We have waited to have children when we could afford them so whilst it may not be ideal for an employer, I do have a lot to offer, and should I fall pregnant then I would plan to return to work too and hope my long term offering is seen as far greater than the inconvienence of having 9 months off for a baby. Again,whilst it may not be ideal, i don't believe getting pregnant is a crime. I know this may seem a long answer and i am not really sure the point I am trying to make, all i will say is you cant always plan for things in life, and when you do, things don't always work the way you hope, but i do know i work hard, pay my way in life and life isn't always easy but im trying to better myself and whilst it may not be an ideal scenario for a new employer, some things are not always in your control, thats all. :)
just go for it, you never know when you will fall pregnant. I just wantde to come on here to wish you all the best and sorry for your previous losses xx
Question Author
thankyou 4getmenot thats really very lovely of you. Shall let you know if anything happens! :)
Good luck chasing cars.

We had three miscarriages for reasons unknown when trying to start a family. Those days were very low. However, we now have two gorgeous sons (separate successful and natural pregnancies) who I wouldn't trade for anything in the world. And we were older than you are. You never know what is around the corner.
I think I got my allowance based on my contributions in the prevoius tax year. I was signing on as unemployed having moved whn we married. But that was 40 years ago.

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