If her employers have refused to pay her Statutory Maternity Pay, they should give her a form SMP 1 which she should send with her claim for Maternity Allowance.
Maternity Alowance can be paid for up to 39 weeks starting from the 11th week before the week in which their baby is due.
To get Maternity Allowance the customer’s partner must satisfy two conditions, the employment condition and the earnings condition.
To satisfy the employment condition the customer’s partner must have been employed or self-employed in at least 26 weeks in the test period. The test period is the period of 66 weeks up to and including the week before the week in which the baby is due.
To satisfy the earnings condition the customer’s partner must have earned at least £30 a week on average from all her employments. This £30 a week minimum is called the Maternity Allowance Threshold (MAT).
To claim, the customer's partner should complete form MA 1 which she can get from any local Social Security or Jobs & Benefits office.
The form should be sent to the Incapacity Benefits Branch not earlier than 14 weeks before the week her baby is due.
The customer's partner should ensure she also sends her maternity certificate (form MAT B1), which her doctor or midwife will give her, with the MA 1.
For full details on Statutory Maternity Pay or Maternity Allowance see leaflet NIL17A, "A guide to maternity benefits".
If the customer's partner does not qualify for either Statutory Maternity Pay or Maternity Allowance she may be able to get Incapacity Benefit
Her maternity certificate is accepted as evidence of incapacity for work for the period starting six weeks before the week her baby is due to two weeks after the actual date of birth.
If Maternity Allowance is not allowed her right to Incapacity Benefit will be considered automatically, a separate claim is not needed, but she must claim no more than three months after her baby is born.
If she is already in receipt of Incapacity Benefit. she should obtain form MAT B1 from her doctor or midwife and submit it to Incapacity Benefits Branch as soon as possible.
They will issue her with form MA 1 to claim Maternity Allowance at the appropriate time. If Maternity Allowance is awarded this will affect any payment of Incapacity Benefit she receives or is paid.
