What Is Statutory Maternity Pay?

What Is Statutory Maternity Pay?

Becoming a parent is an exciting time, but it can also bring financial concerns. Many expectant mothers wonder what financial support they are entitled to while taking time away from work to care for their new baby.

Understanding what Statutory Maternity Pay is can help you plan your finances, know your employment rights and avoid common mistakes when preparing for maternity leave.

This guide explains everything you need to know in simple language, including who qualifies, how much you could receive, how payments are made, eligibility rules, how to apply, and what happens if your circumstances change.

Whether you work full time, part time, on a temporary contract or through an agency, this guide will help you understand how Statutory Maternity Pay works in the United Kingdom.

Quick Answer

What is Statutory Maternity Pay?

Statutory Maternity Pay, often called SMP, is a legal payment that eligible employees receive from their employer when they take maternity leave after becoming pregnant or giving birth. It is normally paid for up to 39 weeks, provided you meet the qualifying conditions relating to employment length and earnings. Your employer pays the money through their payroll in the same way as your normal wages.


What Is Statutory Maternity Pay?

What does Statutory Maternity Pay mean?

Statutory Maternity Pay is money paid by employers to eligible employees during maternity leave.

Although the payments come from your employer, most employers reclaim much or all of the money from the Government through the tax system.

The purpose of Statutory Maternity Pay is to provide financial support while you take time away from work to recover from childbirth and care for your baby.

It is different from maternity leave.

  • Maternity leave is your legal right to take time off work.
  • Statutory Maternity Pay is the money you may receive during part of that leave.

Key Facts

Feature Details
Who pays it Your employer
Maximum payment period 39 weeks
Maximum maternity leave 52 weeks
Taxable Yes
National Insurance payable Yes, where applicable
Application Through your employer

Who Can Claim Statutory Maternity Pay?

Who qualifies for Statutory Maternity Pay?

You may qualify if you are employed and meet certain employment and earnings conditions.

You generally need to:

  • Be employed by your employer before your qualifying week.
  • Continue working until the required point in your pregnancy.
  • Earn at least the Lower Earnings Limit on average.
  • Give your employer the correct notice.
  • Provide proof of your pregnancy.

Many people incorrectly believe only full time workers qualify.

In reality, you may qualify if you work:

  • Full time
  • Part time
  • Seasonal work
  • Agency work in some circumstances
  • Fixed term employment

Eligibility Requirements

What are the eligibility rules for Statutory Maternity Pay?

You usually qualify if you:

  • Have worked continuously for the same employer for at least 26 weeks by the qualifying week.
  • Are still employed during the qualifying week.
  • Earn at least the required average weekly earnings.
  • Give at least 28 days notice if possible.
  • Provide your MATB1 certificate when requested.

The qualifying week is normally the fifteenth week before your baby is due.

Eligibility Checklist

Requirement Must Be Met
Employee status Yes
Continuous employment Yes
Minimum earnings Yes
Pregnancy notification Yes
MATB1 certificate Usually required
Maternity leave Yes

Income Rules

How much do you need to earn?

Your average weekly earnings must normally be at least equal to the Lower Earnings Limit for National Insurance.

Your employer calculates your average earnings over a specified period before your qualifying week.

Income considered may include:

  • Basic salary
  • Overtime
  • Bonuses
  • Commission
  • Holiday pay

If your earnings fall below the required level, you may not qualify for Statutory Maternity Pay but could instead qualify for Maternity Allowance.


Savings Rules

Do savings affect Statutory Maternity Pay?

No.

Your savings do not affect your entitlement.

Unlike many means tested benefits, Statutory Maternity Pay is based on your employment history and earnings rather than your household income or savings.

Whether you have:

  • £100 in savings
  • £10000 in savings
  • £50000 in savings

your savings alone do not prevent you receiving Statutory Maternity Pay if you otherwise qualify.


How Much Could You Receive?

How much is Statutory Maternity Pay?

Statutory Maternity Pay is paid in two stages.

First six weeks

You receive:

90 percent of your average weekly earnings before tax.

There is no fixed maximum during this period because it is based on your own wages.

Remaining 33 weeks

You receive:

  • The standard weekly Statutory Maternity Pay rate set by the Government, or
  • 90 percent of your average weekly earnings

whichever amount is lower.

Government rates can change each tax year, so always check the latest official figures before planning your finances.

Payment Summary

Period Payment
Weeks 1 to 6 90 percent of average weekly earnings
Weeks 7 to 39 Standard SMP rate or 90 percent of earnings, whichever is lower

Payments are made in the same way as your normal wages.


When Does Statutory Maternity Pay Start?

Can you choose when your payments begin?

Yes.

Your Statutory Maternity Pay can usually begin any time from the eleventh week before your baby is due.

However, it may start earlier if:

  • Your baby is born early.
  • You are absent from work because of a pregnancy related illness during the final weeks before your due date.

How To Apply

How do you claim Statutory Maternity Pay?

Unlike many benefits, you do not normally apply directly to the Government.

Instead, you claim through your employer.

The process is usually straightforward.

Step One

Tell your employer you are pregnant.

Step Two

Inform them when you want your maternity leave to begin.

Step Three

Provide your MATB1 certificate issued by your midwife or doctor.

Step Four

Your employer confirms your entitlement and arranges payment through payroll.

If your employer decides you are not eligible, they must explain why and provide the appropriate form so you can explore claiming Maternity Allowance if applicable.


What Documents Will You Need?

Which documents are required?

Most employees will need:

  • MATB1 certificate
  • National Insurance number
  • Payroll information
  • Details of your intended maternity leave date
  • Proof of identity if requested

Having these documents ready can help avoid delays.


Can You Work While Receiving Statutory Maternity Pay?

Are you allowed to work?

You can carry out limited work using Keeping In Touch days.

These are commonly known as KIT days.

You may work up to ten KIT days during maternity leave without automatically ending your maternity leave or Statutory Maternity Pay.

Any arrangements should be agreed between you and your employer.


What Happens If Your Circumstances Change?

Will changes affect your payments?

Sometimes.

Examples include:

Change Possible Outcome
Baby arrives early Payments may begin sooner
Change employer Eligibility may change
Return to work early Payments may end earlier
Redundancy Special rules may apply
Pregnancy related illness Payments could start earlier

Always inform your employer if your circumstances change.


Common Mistakes To Avoid

What mistakes do people often make?

Many payment delays happen because important information is submitted late.

Avoid these common mistakes.

  • Waiting too long to tell your employer.
  • Forgetting to provide the MATB1 certificate.
  • Assuming agency workers cannot qualify.
  • Confusing maternity leave with maternity pay.
  • Believing savings affect eligibility.
  • Missing important deadlines.
  • Assuming self employed workers receive Statutory Maternity Pay.
  • Not checking eligibility if working more than one job.

Examples And Real Life Scenarios

Example One

Sarah has worked for the same supermarket for three years.

She earns above the qualifying earnings level.

She informs her employer, provides her MATB1 certificate and begins maternity leave six weeks before her due date.

She qualifies for Statutory Maternity Pay.


Example Two

Emma recently changed jobs and has only worked for her employer for twelve weeks before her qualifying week.

She does not qualify for Statutory Maternity Pay because she has not worked for the employer long enough.

However, she may qualify for Maternity Allowance instead.


Example Three

Rebecca works part time in a local pharmacy.

Although she only works sixteen hours each week, she has worked there continuously for several years and earns above the qualifying threshold.

She qualifies for Statutory Maternity Pay.


Frequently Asked Questions

Can I receive Statutory Maternity Pay if I work part time?

Yes. Part time employees can qualify if they meet the employment and earnings rules.

Is Statutory Maternity Pay taxed?

Yes. It is subject to tax and National Insurance where applicable.

Can I receive Universal Credit at the same time?

Possibly. Your overall entitlement depends on your household circumstances and income.

Can self employed people receive Statutory Maternity Pay?

No. Self employed people generally cannot receive Statutory Maternity Pay but may qualify for Maternity Allowance.

How long is Statutory Maternity Pay paid?

Up to 39 weeks.

Does my employer pay from their own money?

Your employer pays you directly through payroll and usually reclaims most or all of the cost from the Government.

Can I claim if I have more than one employer?

Possibly. You may qualify separately for each employer if you meet the conditions with each one.

What happens if my baby is born early?

Your maternity pay may begin earlier than originally planned.

Can my employer refuse Statutory Maternity Pay?

Only if you do not meet the qualifying conditions.

They must explain their decision.

What if I do not qualify?

You should check whether you are entitled to Maternity Allowance or other financial support.


Related Benefits And Support Available

What other support may be available?

Depending on your circumstances, you could also qualify for:

  • Maternity Allowance
  • Universal Credit
  • Child Benefit
  • Healthy Start Scheme
  • Sure Start Maternity Grant
  • Statutory Paternity Pay
  • Shared Parental Pay
  • Free NHS maternity care
  • Free prescriptions during pregnancy
  • Free dental treatment during pregnancy

Comparison Table

Benefit Main Purpose
Statutory Maternity Pay Income during maternity leave
Maternity Allowance Support if SMP is unavailable
Child Benefit Financial support for raising children
Universal Credit Help with living costs
Sure Start Maternity Grant One off payment for eligible families

Useful Government Resources

Where can you find official information?

The most reliable information is available through official Government guidance.

Useful resources include information on:

  • Statutory Maternity Pay
  • Maternity leave rights
  • Maternity Allowance
  • Child Benefit
  • Universal Credit
  • Pregnancy and employment rights
  • Keeping In Touch days
  • Family benefits

Always use official Government guidance when confirming payment rates, qualifying earnings limits and application requirements, as these may change.


Information Reviewed Against Current UK Government Guidance And Official Sources

This article has been reviewed against current United Kingdom Government guidance relating to:

  • Statutory Maternity Pay
  • Employment rights
  • Maternity leave
  • Maternity Allowance
  • Family related financial support

While every effort has been made to ensure accuracy, benefit rules and payment rates can change. Individual circumstances may also affect entitlement.


Conclusion

Understanding what Statutory Maternity Pay is can give you greater confidence as you prepare for the arrival of your baby. Although the rules may seem complicated at first, the basic principles are straightforward. If you have worked for your employer for long enough, earn above the qualifying earnings level and provide the required notice and documentation, you may receive up to 39 weeks of financial support while on maternity leave.

Planning ahead, speaking with your employer early and keeping your paperwork organised can help ensure that payments start on time and that you receive everything you are entitled to.

Benefits Advice UK provides free information to help people better understand the UK benefits system. Always check the latest Government guidance before making financial decisions.

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Important

Information on this site is based on official UK guidance.

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