Statutory Maternity Pay

[CrozierFamily]

Hi

 

Quick question, when we move to Australia in September, my wife will have a few months of statutory maternity pay left to receive. I know we have to cancel child benefits when we move, but are we entitled to take the remaining statutory maternity payments?

 

My wife is likely to be coming with me either in September or October. My view is that we paid our taxes and we are owed this money, but I want to know what the legal rule is if anyone can help me?

 

Any advice appreciated!

[Guest]

IIRC if you are claiming from an employer (who claims it back) then you can carry on, if its from the state direct, you can no longer claim it.

 

I'll try to find the info I had a while back on it all to double check as it may have changed.

[Guest]

Here is the info

 

https://www.gov.uk/claiming-benefits-move-travel-abroad/maternity-and-childcare-benefits

 

It seems to have changed a bit from when I last read up on it.

 

I'd contact the official bods to see what is what if you are unsure.

[CrozierFamily]

Thanks for the info! My wife is being paid the maternity by her employer. I wil check out the site.

[blossom]

If it is from the employer, you will have to check if they have a clause about how long you have to work after the maternity leave it finished. Everywhere I have worked has had that you had to return to work for 3-6 months (depends on the employer) or pay the money back.

My best mate moved to Scotland and had to go back to the wirrel for a couple of months so she didn't have to pay it back.

[Que Sera Sera]

If it is from the employer, you will have to check if they have a clause about how long you have to work after the maternity leave it finished. Everywhere I have worked has had that you had to return to work for 3-6 months (depends on the employer) or pay the money back.

My best mate moved to Scotland and had to go back to the wirrel for a couple of months so she didn't have to pay it back.

No this is not quite right. Your employer can't ask for the money back as it was never their's to begin with its from the Government. However what you may be confusing it with is MOST employers pay an amount on top of SMP ( a top up if you like) this they can ask back as its their money and they can stipulate the terms on which you get to keep or lose it.

[blossom]

Yep, I'm talking the extra (I never worked for anyone who only paid statutory maternity pay).

[Que Sera Sera]

There are some who tried to even get away with not paying SMP even though they claim it straight back from the Government !

[CrozierFamily]

My wife has only been getting paid statutory maternity pay for most of the time, which the company pays and then claims back. I will continue to check out the details, but I believe we are good to keep on claiming. To be honest she will move in October and the last payment is in December, so we are not talking a massive amount of money, but every little helps!

[Guest]

My wife has only been getting paid statutory maternity pay for most of the time, which the company pays and then claims back. I will continue to check out the details, but I believe we are good to keep on claiming. To be honest she will move in October and the last payment is in December, so we are not talking a massive amount of money, but every little helps!

 

You should be fine claiming SMP still. I remember I looked into it all and I was able to from my employer had I taken maternity and then moved to Aus while it was being paid.

 

Anything above and beyond that is different, but SMP via employer is good. Had your wife stopped work before claiming SMP (ie left her job a few weeks before baby was born) then its the state paying it direct to her and then she would not be able to claim once you depart the UK.