maternity benefits - the latest I have learned

i have worked in the uk full-time, steadily (albeit at different jobs) since august 2006. hopefully that'll count or something!

Start doing your homework now. I found with my HR dept, they had to do quite a bit of digging to figure out what I was eligible for. And once they make a decision, make sure you agree with it!

I was wrong in my previous post.  I didn't qualify for SMP.  I did get MA as I had worked enough to qualify for that.  Here is the link to the requirements http://www.dwp.gov.uk/advisers/ni17a/ma/index.asp  and I did get it on FLR. I wrote to them and they assured me that it wouldn't count as public funds.  When I went for my ILR I had all the paper work from my MA included (as I had been here on a WP) and there wasn't a problem with it. 

Sorry if my airheadedness caused any confusion. 

Well, now I'm really concerned.  It says on the website that you have to work for your employer for 26 week before EWC to qualify for MA as well.  From the sounds of things, I don't think I'll be eligible for anything.  Plus, I'm coming over on a two year spousal visa (don't think that is the same as FLR) and someone said you're not eligible for MA on that.  Hopefully, I'll at least be entitled to some time off to recover physically from the birth.

FLR is the same as a spousal visa.  You are able to get MA on your spousal visa, you do need to have the right amount of time served at your curretn position. 

You should be able to use vacation or sick days for time off to recover, as long as your work approves.

Just to clarify, there is a 2 year spouse visa (FLR) and a permanent sposue visa (ILR). A condition of the 2 year FLR is that you can't claim benefits.  The question is whether Maternity Allowance is regarded as a benefit.  Bookgrl, are you saying Maternity Allowance is not regarded as a "benefit" as far as the FLR conditions go?

People on spousal visas/FLR/Leave to enter/people not considered settled for the purpose of the immigration rules are entitled to contributory benefits, which are NOT public funds, although some may depend on the amount of NI contributions made.

This document is from 2005, but I believe it is still accurate

http://www.ind.homeoffice.gov.uk/documents/idischapter1/section7.pdf?view=Binary

So, statutory maternity pay would not be considered a public fund.

Maternity Allowance is only paid to those who do not qualify for SMP.  It is also a contributory benefit, so you have to have been working for a certain amount of time in the UK or a country with a reciprocal agreement (of which the US is NOT one) to qualify. It is also not a public fund. This page might help:

http://search2.openobjects.com/kbroker/dwp/dwp/search/search.lsim?sr=0&nh=10&cs=iso-8859-1&sc=dwp&sm=0&mt=1&to=0&ha=1092&qt=maternity+allowance


Vicky

http://www.ind.homeoffice.gov.uk/6353/11464/publicfunds.pdf

This is the Home Office leaflet, but it does not refer to MA, only SMP.

Vicky

Maternity Allowance is only paid to those who do not qualify for SMP.  It is also a contributory benefit, so you have to have been working for a certain amount of time in the UK or a country with a reciprocal agreement (of which the US is NOT one) to qualify. It is also not a public fund. This page might help:

That's what I thought.  It's based on NI contributions, which means you'd have to have been working a certain amount of time, but not long enough to be eligible for SMP - or you worked in the UK in the past and had past NI contributions.

If you can't get MA or SMP *and* you are on ILR, you could get Incapacity Benefit temporarily, but this would not apply to the poster as she doesn't have ILR.

Cuka, even if you did get a job whilst 5 months pregnant, it's likely you will need to fund your own leave.  I'd plan accordingly.

People on spousal visas/FLR/Leave to enter/people not considered settled for the purpose of the immigration rules are entitled to contributory benefits, which are NOT public funds, although some may depend on the amount of NI contributions made.

This document is from 2005, but I believe it is still accurate

http://www.ind.homeoffice.gov.uk/documents/idischapter1/section7.pdf?view=Binary

So, statutory maternity pay would not be considered a public fund.

Maternity Allowance is only paid to those who do not qualify for SMP.  It is also a contributory benefit, so you have to have been working for a certain amount of time in the UK or a country with a reciprocal agreement (of which the US is NOT one) to qualify. It is also not a public fund. This page might help:

http://search2.openobjects.com/kbroker/dwp/dwp/search/search.lsim?sr=0&nh=10&cs=iso-8859-1&sc=dwp&sm=0&mt=1&to=0&ha=1092&qt=maternity+allowance


Vicky

Nicely put.  Thanks for explaining in plain English. 

Yeah, I'll definately start saving up now though I think I'll still apply for MA just to see what happens.  There might be a small possibility of me getting MA due to the fact that I worked in the UK for a year (July 2004-July 2005) and paid NI so maybe they'll take that into account. Always worth a try anyway.

thanks for the info, you guys

in the course of investigating my own screwed-up situation, i've found a few links that may be of some use to someone else:

http://parentsatwork.org.uk/asp/family_zone/factsheets/pdfs/Atypical.pdf

http://www.dti.gov.uk/employment/employment-legislation/employment-guidance/page34236.html#Whatarethestatutorymaternityleaveandpayentitlementsandresponsibilities

I've just sent off my application for MA (haven't been with this employer long enough to get SMP).  Fingers crossed!

I've just sent off my application for MA (haven't been with this employer long enough to get SMP).  Fingers crossed!

sending mine next week too. sure will be a big difference between what i make now & what i'll be entitled to! 

sending mine next week too. sure will be a big difference between what i make now & what i'll be entitled to! 

Mine might actually be slightly more, LOL.  I make a little less than the statutory amount now but the 13 weeks I'm using paystubs from are from my last job when I was doing loads of extra hours.