Maternity Allowance

[Lewis]

You can choose. In the OP's case she is leaving his company's employment and then becoming entitled to maternity allowance. If she chose to staying employed with his company shw would be entited to SMP instead, which is what my wife did. I can't find any regulations that say the choice is determined by employment status at a particular week.

We are saying the same thing in a different way. You can only get SMP if you are employed in the "qualifying week", which is the 15th week before the week your baby is due. You can only get MA if you are unemployed during the "qualifying week". Which is why I said you cannot chose, it is determined by your employment status during the "qualifying week". Of course you can chose to resign in order to ensure you are unemployed during the "qualifying week" and hence only entitled to MA.

http://www.direct.gov.uk/en/MoneyTax...en/DG_10018869

http://www.dwp.gov.uk/lifeevent/bene...ay.asp#caniget

[slackbloke]

You can't chose. You have to do one or the other depending upon her employment status at a particular week of the pregnancy (google Maternity Allowance). Although obviously this can be influenced if you are her employer! Maternity Allowance is better I think as the wife gets money direct and tax free. Statutory Maternity Pay goes to the company so can't be got out completely tax free and is more admin for the company.

You can choose. In the OP's case she is leaving his company's employment and then becoming entitled to maternity allowance. If she chose to staying employed with his company shw would be entited to SMP instead, which is what my wife did. I can't find any regulations that say the choice is determined by employment status at a particular week.

[Lewis]

I think Lewis has explained it. You do also have the option for your wife to claim Statutory maternity pay instead.

You can't chose. You have to do one or the other depending upon her employment status at a particular week of the pregnancy (google Maternity Allowance). Although obviously this can be influenced if you are her employer! Maternity Allowance is better I think as the wife gets money direct and tax free. Statutory Maternity Pay goes to the company so can't be got out completely tax free and is more admin for the company.

[webkey]

My wife was the same she completed both sections so she wasn't withholding anything but claimed based on her employment with the company. Send in payslips and it all went through fine. Your wife must no longer be emplyed by the company though - I think she might need to send her P45 (not sure on that bit).

I best issue her with a P45 then, in line with modern day management methods will let her know by SMS, there goes the weekend!

Thanks a lot both of you for your input here, greatly appreciated.

Webkey

[slackbloke]

She has her own business in a self employed capacitiy but was also down as receiving a salary from me on my recent CT return

Sorry if I'm making mistakes here, I'm concious my contracting set-up is in need of fine-tuning so any guidance would be greatly appreciated.

Thanks,

David.

I think Lewis has explained it. You do also have the option for your wife to claim Statutory maternity pay instead.

[Lewis]

Hi,

My other half is in the process of completing form MA1 for Maternity Allowance (little one due next month).

She is self-employed and down as a secretary for my limited company.

The said form has a section for self-employed and employed; technically she is employed by me so can I presume the employed section has to be completed in this instance (name, address, dates, payment details, employee ref etc)

Can anyone confirm the above?

Many thanks,

Webkey

My wife was the same she completed both sections so she wasn't withholding anything but claimed based on her employment with the company. She sent in payslips and it all went through fine. Your wife must no longer be emplyed by the company though - I think she might need to send her P45 (not sure on that bit).

[blacjac]

If somebody is the Company secretary it does not automatically mean they are employed by the company.....

[webkey]

You seem to have contradicted yourself. Is she self-employed or employed by you company?

She has her own business in a self employed capacitiy but was also down as receiving a salary from me on my recent CT return

Sorry if I'm making mistakes here, I'm concious my contracting set-up is in need of fine-tuning so any guidance would be greatly appreciated.

Thanks,

David.

[slackbloke]

Hi,

My other half is in the process of completing form MA1 for Maternity Allowance (little one due next month).

She is self-employed and down as a secretary for my limited company.

The said form has a section for self-employed and employed; technically she is employed by me so can I presume the employed section has to be completed in this instance (name, address, dates, payment details, employee ref etc)

Can anyone confirm the above?

Many thanks,

Webkey

You seem to have contradicted yourself. Is she self-employed or employed by you company?

[webkey]

Hi,

My other half is in the process of completing form MA1 for Maternity Allowance (little one due next month).

She is self-employed and down as a secretary for my limited company.

The said form has a section for self-employed and employed; technically she is employed by me so can I presume the employed section has to be completed in this instance (name, address, dates, payment details, employee ref etc)

Can anyone confirm the above?

Many thanks,

Webkey