Statutory Maternity Pay (SMP)

To help you to take time off work both before and after your baby is born, you may be able to get Statutory Maternity Pay (SMP). This is a weekly payment from your employer.

Who is eligible for SMP?

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)
  • earning on average an amount which at least equals the lower earnings limit which applies on the Saturday at the end of your qualifying week
  • The lower earnings limit is the amount you have to earn before you are treated as paying National Insurance contributions. This is £97 a week if the end of your qualifying week is in the 2010-11 tax year.

If you have a visa that allows you to live and work in the United Kingdom you may be able to get SMP. If your visa includes the condition that you have “no recourse to public funds” you may still get SMP provided you satisfy the qualifying conditions. The qualifying conditions for SMP depend on your recent employment and earnings history. Because of this SMP does not constitute public funds.

How to claim SMP

To make a claim for SMP, you must:

  • tell your employer when you want your SMP to start
  • provide medical evidence of the date your baby is due

How much SMP do you get

If you qualify for SMP, it is paid:

  • for the first six weeks at 90 per cent of your average gross weekly earnings with no upper limit
  • for the remaining 33 weeks at the lower of either the standard rate of £124.88, or 90 per cent of your average gross weekly earnings

When is SMP paid

Your employer will usually pay you in the same way and at the same time as your normal wages. It can be paid for up to 39 weeks.

Circumstances that may affect your SMP

If you are already getting SMP there are circumstances that may affect your payments. The following examples provide more information.

If you return to work while receiving SMP

You can work up to ten days during your Maternity Pay Period (MPP) for the employer paying your SMP without losing your entitlement. These are called Keeping in Touch (KIT) days. Once you have worked for ten days and you do further work for that employer, you will lose SMP for each week in your MPP in which you do that work.

Please note, if you work your tenth KIT day and do a further day’s work in the same week, you will lose SMP for that week. This is because you will have exceeded the ten day maximum in that week. In the MPP, a week means any period of seven days. For example, if your SMP started on a Thursday, a week will run from Thursday to Wednesday.

If you start work with a new employer

If you start work with a new employer before your baby is born your SMP is not affected.

If you start work with a new employer after your baby is born (if you work for an employer who did not employ you in the 15th week before the week your baby was due) your SMP must stop. You must tell the employer paying you SMP.

If you start voluntary work

SMP is not usually affected by voluntary work.

If you go to live or visit abroad

Once you become entitled to or if you are already getting SMP and then go abroad, your employer must pay you SMP.

If you work outside the United Kingdom (UK) for a UK employer you may be able to get SMP if your employer pays NI contributions for you, or would pay if your earnings were high enough.

If you worked for a UK employer both in the European Economic Area (EEA) and the UK and actually worked in the UK in the 15th week before your expected week of childbirth you may get SMP even if your employer has not paid NI contributions for you.

If you go into hospital or care home

SMP is not affected if you go into hospital or care home.

If you are sent to prison or arrested

SMP will end, but you will be able to claim Maternity Allowance (MA).