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Maternity Pay - Help needed confused?

TWSTWS Posts: 9,307
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in Advice #1
I have been harassing my employer for weeks now about my maternity pay entitlement through them and have now had a letter saying i am not entitled to SMP through my employer as my weekly earnings are less than the lower earnings limit?

I am a tad confused by this as i thought the LEL was £102.00 and my earnings are approx £115.00 a week so even when they would be paying me 90% of my wages as per SMP i would still be getting over the LEL

Are they right? or have i lost the plot? Any ideas as obviously i will need to contest this on Monday or get an SMP1 filled in what annoys me is my maternity started on the 5th october and they are informing me now on the 28th when i should have been paid

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    [Deleted User][Deleted User] Posts: 32,379
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    #2
    All the information you need here from the dir gov website
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    TWSTWS Posts: 9,307
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    #3
    woodbush wrote: »
    All the information you need here from the dir gov website

    I know i just really want someone to verify whether i am correct i think i am as u i sed to do personnel admin but dont want to fight with head office if i have lost the plot
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    [Deleted User][Deleted User] Posts: 32,379
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    TWS wrote: »
    I know i just really want someone to verify whether i am correct i think i am as u i sed to do personnel admin but dont want to fight with head office if i have lost the plot


    There is more to factor in other than the LEL though that's why I posted the link.

    To calculate your average weekly earnings your employer will average your gross earnings over a period of at least eight weeks up to and including the last payday before the end of your qualifying week. The qualifying week is the 15th week before the week your baby is due. This period may vary depending on how often you are paid – weekly, monthly or other intervals.

    For working out SMP purposes, ‘pay’ means gross pay that is due to you before any deductions. Your employer will take into account your gross pay that you received in the set period, as long as it counts for National Insurance (NI) contributions (or would count if you earned enough or were old enough to pay NI contributions).

    If you get sick pay, overtime payments, bonus payments, arrears of pay or holiday pay this is all included to work out your SMP, if you actually get them in your set period. It is when you get paid the money that counts, not when it was actually earned.
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    TWSTWS Posts: 9,307
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    #5
    woodbush wrote: »
    There is more to factor in other than the LEL though that's why I posted the link.

    To calculate your average weekly earnings your employer will average your gross earnings over a period of at least eight weeks up to and including the last payday before the end of your qualifying week. The qualifying week is the 15th week before the week your baby is due. This period may vary depending on how often you are paid – weekly, monthly or other intervals.

    For working out SMP purposes, ‘pay’ means gross pay that is due to you before any deductions. Your employer will take into account your gross pay that you received in the set period, as long as it counts for National Insurance (NI) contributions (or would count if you earned enough or were old enough to pay NI contributions).

    If you get sick pay, overtime payments, bonus payments, arrears of pay or holiday pay this is all included to work out your SMP, if you actually get them in your set period. It is when you get paid the money that counts, not when it was actually earned.


    yeah just did the math now my brain kicked in and my SSP took me under what a load of hassle now i got to try and start a claim and put it in for the 5th october, just wish they notified me sooner they are so crap
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