NI17A - A guide to Maternity Benefits
Statutory Maternity Pay (SMP)
Reasons for not getting SMP
The following are all reasons why you might not be able to get SMP:
- you do not have an employer or
- you are exclusively self-employed or
- you were not employed in the qualifying week and could not be treated as employed in the qualifying week on the grounds that you had already had your baby or
- you do not satisfy the continuous employment rule or
- you do not satisfy the earnings rule or
- you failed to give your employer due notice of the start of your maternity absence or
- you did not provide medical evidence of your expected week of childbirth (and of the childbirth itself if this was earlier than expected) within the time allowed or
- your baby is stillborn before the 24th week of pregnancy
- your employer is not liable to pay the employer’s share of Class 1 NI contributions or
- you are employed by an employer in the UK against whom the NI scheme is not enforceable (for example, you work in an embassy or consulate) or
- you are a mariner on a foreign-going vessel or a deep sea fishing vessel or
- you were in legal custody at any time within the first week of your maternity pay period. Your employer will not pay SMP to you at all.
