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Statutory Maternity Pay

Statutory Maternity Pay

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Old Jun 13th 2009, 8:08 am
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Default Statutory Maternity Pay

Hi All

I have just been informed through my wifes employer (large building society) that when we come to Oz next year that my wife can still cliam her Statutory Maternity Pay when she is in oz. We are planning on comming out when our child is 3 months old, so we would have 6 months left of SMP.

I have found this extract on the direct gov website :-

"If you go to live or visit abroad

Once you become entitled to or if you are already getting SMP and then go abroad, your employer must pay you SMP. If you work outside the United Kingdom (UK) for a UK employer you may be able to get SMP if your employer pays NI contributions for you, or would pay if your earnings were high enough."

Is this true? Has anyone had direct experience of this? All comments gladly accepted
Thanks
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Old Jun 13th 2009, 9:54 am
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Default Re: Statutory Maternity Pay

Originally Posted by DibDob
Hi All

I have just been informed through my wifes employer (large building society) that when we come to Oz next year that my wife can still cliam her Statutory Maternity Pay when she is in oz. We are planning on comming out when our child is 3 months old, so we would have 6 months left of SMP.

I have found this extract on the direct gov website :-

"If you go to live or visit abroad

Once you become entitled to or if you are already getting SMP and then go abroad, your employer must pay you SMP. If you work outside the United Kingdom (UK) for a UK employer you may be able to get SMP if your employer pays NI contributions for you, or would pay if your earnings were high enough."

Is this true? Has anyone had direct experience of this? All comments gladly accepted
Thanks
Will you still be working for a UK employer once you come to AUs?
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Old Jun 13th 2009, 9:56 am
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Default Re: Statutory Maternity Pay

Originally Posted by DibDob
Once you become entitled to or if you are already getting SMP and then go abroad, your employer must pay you SMP. If you work outside the United Kingdom (UK) for a UK employer you may be able to get SMP if your employer pays NI contributions for you, or would pay if your earnings were high enough."
This assumes that the person is still working for the same employer when they go abroad.

So, if your wife comes to Oz (on maternity leave) but is still employed by that large building society in Swindon , they have to continue to pay her SMP. But if she hands in her notice before she leaves .... money stops.
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Old Jun 13th 2009, 10:58 am
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Default Re: Statutory Maternity Pay

My interpretation.

1st part. If you are already on maternity leave then you can leave the UK and continue getting it up to the point where it would normally end. You can then tell your employer that you won't be returning to work. (Not sure what happens if you tell them before then end of the maternity leave period but why risk it.)

2nd part. If you work abroad for a UK employer who's paying your NI then you may be able to claim SMP (at some unknown point in the future) assuming you're still working for the UK company when you start maternity leave.
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Old Jun 13th 2009, 11:38 am
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Default Re: Statutory Maternity Pay

Originally Posted by MartinLuther
My interpretation.

1st part. If you are already on maternity leave then you can leave the UK and continue getting it up to the point where it would normally end. You can then tell your employer that you won't be returning to work. (Not sure what happens if you tell them before then end of the maternity leave period but why risk it.)
This is exactly wht I did and yes you can do it legally.
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Old Jun 13th 2009, 12:19 pm
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Default Re: Statutory Maternity Pay

My wife did the same, we had a baby last August and she did not return to work - she resigned, as she was not going to work for a new employer she was still entilted to full SMP which she just stopped getting in May. If she is coming over for work make sure she informs her employer that she isn't otherwise SMP will stop regardless of where moving to - my wife didn't lie to her employers as she is not working!!
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Old Jun 13th 2009, 2:20 pm
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Default Re: Statutory Maternity Pay

This is why many businesses don't like to employ women of child bearing age.
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Old Jun 13th 2009, 10:48 pm
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Default Re: Statutory Maternity Pay

Originally Posted by Deancm
This is why many businesses don't like to employ women of child bearing age.
16-45?

or 12-50 in some cases?
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Old Jun 13th 2009, 10:59 pm
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Default Re: Statutory Maternity Pay

Originally Posted by plantpot
16-45?

or 12-50 in some cases?
Especially in Liverpool
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Old Jun 13th 2009, 11:15 pm
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Default Re: Statutory Maternity Pay

Originally Posted by MartinLuther
Especially in Liverpool
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Old Jun 14th 2009, 9:51 am
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Default Re: Statutory Maternity Pay

Thnk you all so much........has put our minds at rest about our changing future..Cheers
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Old Jun 15th 2009, 12:54 am
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Default Re: Statutory Maternity Pay

Hi I left the nhs and went on maternity leave start november 2007 and moved to oz at the end of november, i told my employer what i was doing and that i wouldnt be returning to work. You need to check your employers own maternity policy but you should still be entitled to pay it just at a lesser amount because you are not returning, the smp will continue as normal. When you get to australia, you dont have to declare your smp for a tax return, as it is a non taxable government paid benefit.
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