Maternity Allowance and NI contributions (2025)

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foolishqueen Posts: 237 Forumite

17 April 2009 at 10:38AM in

Morning folks,

Quick query I'm hoping somepne can help with. My partner is currently 4 months pregnant, but has been is curerntly on long term sick leave, and as such has had no income for over a year. She is not entitled to IB (or whatever it is called now!) as she has noyt paid enough NI.

My question relates to MA (she doesn't earn enough for SMP).

1. She satisfies the employment rule, but am I right in thinking for the earnings rule it is money you actually recieve? She earns over the lower limit but as I mentioned above has nopt physically earnt any money for some time - so am I right in thinking she will have to return to work for the 13 required weeks before the baby is due?

2. Does a lack of NI contributions affect your entitlement to NI? I;ve read the technical guidance pages on the DWP site for MA, but it makes to mention to NI expcet in reference to self-employed people and the reasons it gives for not getting MA do not mention NI.

Any advice would be appreciated

Thanks.

Total Debt as of January 2010: £61,234 :mad:
Debt Free Day: A long way off!! :j
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«12»

tigtag02 Posts: 6,857 Forumite

17 April 2009 at 10:41AM

I'm not too up on this but the 13 weeks can be any 13 in a 66 week period (which I think is counted back from week 25 of pregnancy)
If she has earnt over the LEL in these 13 weeks she should be ok.
Hopefully someone will confirm what I think or tell me I'm talking rubbish ;o)
TT
x

:heartpuls baby no3 due 16th November :heartpuls
TEAM YELLOW
DFD 16/6/10
"Shut your gob! Or I'll come round your houses and stamp on all your toys" The ONE, the ONLY, the LEGENDARY Gene Hunt :heart2:
foolishqueen Posts: 237 Forumite

17 April 2009 at 11:08AM
See Also
Maternity pay when Employed & self employed MATERNITY ALLOWANCE/ SMP Maternity Allowance and tax credits maternity allowance and pay

Thanks tigtag! You're right, but in the last 66 weeks from today she has only been back at work for 2! So if she has to be in work to qualify, she will need to go back for 11 more weeks! Money is tight at the minute but it's a fine line - she obviusly can't go back if she is unwell

Total Debt as of January 2010: £61,234 :mad:
Debt Free Day: A long way off!! :j
DMP mutual support thread member: 302 :j
black_paw Posts: 1,791 Forumite

17 April 2009 at 11:18AM

my sister inlaw has always worked and had a baby late in life, took maternity leave, then took 6 months unpayed leave, went back to work for about 9 months then made redundant, now cant claim anything as missed NI payments , as pay off over means tested still can claim until money runs down, husband took year off to help babys , then gone very poorly ill , can't claim a thing either as forgot abour Ni !these people have never claimed and worked there whole life so watch out and make sure Ni are paid !

the truth is out there ... on these pages !!
tigtag02 Posts: 6,857 Forumite

17 April 2009 at 11:30AM

foolishqueen wrote: »
Thanks tigtag! You're right, but in the last 66 weeks from today she has only been back at work for 2! So if she has to be in work to qualify, she will need to go back for 11 more weeks! Money is tight at the minute but it's a fine line - she obviusly can't go back if she is unwell
Did she get any company sick pay or SSP?

:heartpuls baby no3 due 16th November :heartpuls
TEAM YELLOW
DFD 16/6/10
"Shut your gob! Or I'll come round your houses and stamp on all your toys" The ONE, the ONLY, the LEGENDARY Gene Hunt :heart2:
foolishqueen Posts: 237 Forumite

17 April 2009 at 12:04PM

She got SSP but hasn't had that for over a year I think

Total Debt as of January 2010: £61,234 :mad:
Debt Free Day: A long way off!! :j
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tigtag02 Posts: 6,857 Forumite

17 April 2009 at 3:41PM

Then she wont qualify for MA unless she works as you stated above.

:heartpuls baby no3 due 16th November :heartpuls
TEAM YELLOW
DFD 16/6/10
"Shut your gob! Or I'll come round your houses and stamp on all your toys" The ONE, the ONLY, the LEGENDARY Gene Hunt :heart2:

See Also
Maternity allowance vs statutory maternity pay
foolishqueen Posts: 237 Forumite

17 April 2009 at 3:50PM

Thanks TT, that's what I thought would be the case!

Total Debt as of January 2010: £61,234 :mad:
Debt Free Day: A long way off!! :j
DMP mutual support thread member: 302 :j
foolishqueen Posts: 237 Forumite

17 April 2009 at 5:58PM

Does anyone know though whether NI contributions affect eligibility for MA? Will have to get the gf to ring someone up next week, but if anyone knows that would put my mind at ease.:)

Total Debt as of January 2010: £61,234 :mad:
Debt Free Day: A long way off!! :j
DMP mutual support thread member: 302 :j
tigtag02 Posts: 6,857 Forumite

17 April 2009 at 6:12PM

foolishqueen wrote: »
Does anyone know though whether NI contributions affect eligibility for MA? Will have to get the gf to ring someone up next week, but if anyone knows that would put my mind at ease.:)
I don't think that they do but I could be wrong

:heartpuls baby no3 due 16th November :heartpuls
TEAM YELLOW
DFD 16/6/10
"Shut your gob! Or I'll come round your houses and stamp on all your toys" The ONE, the ONLY, the LEGENDARY Gene Hunt :heart2:
tigtag02 Posts: 6,857 Forumite

17 April 2009 at 6:15PM
Who is eligible?
You might get Maternity Allowance if:
you're employed, but not eligible for Statutory Maternity Pay
you're registered self-employed and paying Class 2 National Insurance Contributions (NICs), or hold a Small Earnings Exception certificate
you have very recently been employed or self-employed
You may be eligible if:
you've been employed and/or self-employed for at least 26 weeks in your 'test period' (66 weeks up to and including the week before the week your baby is due). Part weeks count as full weeks; and
you earned £30 a week averaged over any 13 weeks in your test period
If you don't qualify for Statutory Maternity Pay or Maternity Allowance, you may be able to get Employment and Support Allowance instead.
If you or your partner or civil partner are claiming benefits or tax credits you may be able to get a Sure Start Maternity Grant.
More information can be found in the leaflet NI 17A 'A Guide to Maternity Benefits'.
It looks like NI is only an issue if self employed as £30 average isnt enough to pay NI
:heartpuls baby no3 due 16th November :heartpuls
TEAM YELLOW
DFD 16/6/10
"Shut your gob! Or I'll come round your houses and stamp on all your toys" The ONE, the ONLY, the LEGENDARY Gene Hunt :heart2: