Maternity and Paternity benefits

Includes 39 weeks Statutory Maternity Payments (SMP) by employers for woman on maternity leave, a two-week paternity payment by employers for new fathers, a 39-week payment for women (Maternity Allowance) who are not in work or cannot claim Statutory Maternity Pay and Shared Parental Leave. Also available, Shared Parental Pay and Statutory Parental Bereavement Pay or leave.

Statutory Adoption Pay (SAP)

SAP is paid by employers to their employees who are finishing work to adopt a child and who satisfy certain conditions about employment and earnings. Entitlement is not affected by income, savings or capital.

Who can claim? 

You qualify if all of the following apply:

• You are adopting a child.
• You have worked for your employer continuously for at least 26 weeks when you were matched with the child for adoption.
• You average gross earnings are at least a certain level – 2021/22 – £120.00 a week.
• You give the correct notice and proof of the adoption to your employer. 
• You are in the ‘adoption period’ this is 39 weeks, usually beginning at the earliest, 14 days before the day you expect the child to be placed with you and, at the latest on the day of placement.

How much do you get?

First 6 weeks: 90 per cent of your average weekly earnings a week. Remaining 33 weeks: £151.97 a week (2021/22) (or 90 per cent of your average weekly earnings, if less).

How to claim?

Contact your employer. There is no claim form, but you must give your employer the correct notice and information.

Statutory Maternity Pay (SMP)

SMP is paid by employers to employees who are stopping work to have a baby, and who satisfy certain conditions about earnings and employment. Your entitlement is not affected by income, savings or capital.

Who can claim?

You qualify for SMP if all the following apply:

• You are pregnant or have recently given birth.
• You have worked for your employer continuously for at least 26 weeks by the 15th week before the week in which your baby is due.
• Your average gross earnings are at least at a certain level – 2021/22 - £120.00 a week.
• You provide the correct notice and proof of your pregnancy to your employer.
• You are in the ‘maternity period’ – this is 39 weeks beginning at the earliest, 11 weeks before the week in which your baby is due and, at the latest, the day after your baby is born.

How much do you get?

First 6 weeks: 90 per cent of your average weekly earnings a week. Remaining 33 weeks: £151.97 a week (2021/22) (or 90 percent of your average weekly earnings, if less).

How do you claim?

Contact your employer. There is no claim form, but you must provide your employer with the correct notice and information.

Statutory Paternity Pay (SPP)

SPP is paid by employers to employees who are taking time off work to care for a child.  Your entitlement is not affected by income, savings and capital.

You qualify for SPP if all of the following apply:

• You are the father, husband or partner of the mother (or the adopter of the child), the child’s adopter or the intended parent if you are having a baby through a surrogacy arrangement.
• You have worked for your employer continuously for at least 26 weeks by the 15th week before the baby is due.
• You are employed by your employer up to the date of birth
• Your average gross earnings are at least a certain level – 2021/22 - £120.00 a week.
• You give the correct notice to your employer.
• You are in the ‘statutory Paternity Pay period’- this is a maximum of two consecutive weeks. The earliest statutory paternity pay can be paid from is the child’s date of birth (or the date of her/his placement for adoption) and the latest is 8 weeks after this date.

How much do you get?

£151.97 a week – (2021/22) (or 90 per cent of your average weekly earnings, if less).

How do you claim?

Contact your employer. There is no claim form, but you must give your employer the correct notice.

Statutory Shared Parental Pay (SSPP)

SSPP is paid by an employer to an employee whose partner has given up her statutory maternity pay; maternity allowance or statutory adoption pay early. The remaining pay can be paid to the mother’s partner as statutory shared parental pay to enable both partners to stop work and care for the child. You can be paid for a maximum of 37 weeks.

Who can claim?

You qualify if all of the following apply:

• You are the child’s mother and father, or the mother’s partner.
• The mother has given up her statutory maternity pay; maternity allowance or statutory adoption pay early.
• You have worked for your employer continuously for at least 26 weeks by the 15th week before the baby is due (or in adoption cases, the week in which you were notified of being matched with a child).
• Your average gross earnings are at least a certain level – 2021/22 - £120.00 a week
• Your partner (or if s/he is not your partner, the other parent or adopter) has been employed or self-employed for 26 weeks in the 66 weeks up to the week before the baby is due (or in adoption cases, the week in which the adopter was notified of the match).
• Your partner (or if s/he is not your partner, the other parent or the adopter) had average earnings of at least £30 a week in 13 weeks out of the above 66-week period.
• You give correct information and notice to your employer.

How much do you get?

£151.97 a week – (2021/22) (or 90 per cent of your average weekly earnings, if less).

How do you claim?

Contact your employer. There is no claim form, but you must give your employer the correct notice and information.

Maternity allowance

Maternity Allowance is a benefit paid by the Department of Work and Pensions (DWP) to woman who are pregnant or who have recently given birth and who are not entitled to Statutory Maternity Pay. It is not affected by income, savings or capital, and you do not have to have paid national insurance contributions.

Who can claim?

You qualify is all of the following apply:

• You are pregnant or have recently given birth and are within your ‘maternity allowance period’. This is a period of 39 weeks (in some cases 14 weeks) starting, at the earliest, 11 weeks before the week in which your baby is due.
• You were working for at least 26 weeks in the 66 weeks immediately before the week in which your baby is due, or you assisted your spouse or civil partner with her/his self-employment in at least 26 weeks of those 66 weeks (in this case, your ‘maternity allowance’ period is 14 weeks rather than 39).
• Your average gross earnings in the 66 weeks immediately before the week in which your baby is due were at least £30 a week (if you were working)
• You are not entitled to Statutory Maternity Pay

There is an official calculator available for working out your eligibility on the government website: www.gov.uk/pay-leave-for-parents.

How much do you get?

You either get 90 per cent of your average weekly earnings, or £151.97 a week (2021/22) whichever is less. If you qualify because you help with your spouse or civil partner’s self-employment, you get £27 a week.

How do you claim?

Claim on form MA1 – can be requested by telephoning the DWP on 0800 055 6688 or download and print off the MA1 form from www.gov.uk/maternity-allowance.

Statutory Parental Bereavement Pay or Leave

You or your partner may be able to take time off if your child dies before they turn 18, or if you have a still birth after 24 weeks of pregnancy. The death or still birth must have happened on or after 6th April 2020.

You may be able to get pay, leave or both – so possibly eligible for Parental Bereavement Leave and or Statutory Parental Bereavement Pay. Your employment rights are protected whilst on Parental Bereavement Leave.

Statutory Parental Bereavement Leave

If eligible, you can take two weeks leave from the first day of employment for each child who has died or was still born. You can take two weeks together or separately – or only one week of leave.

To get Statutory Parental Bereavement Pay you must:

• Have been continuously employed by your employer for at least 26 weeks up to the end of the ‘relevant week’. The relevant week is the week (ending with a Saturday) immediately before the week of the death or still born.

You must also:

• Continue to be employed up to the day the child dies or is still born.
• Earn on average - £120.00 a week gross – (2021/22) – over an 8-week period.
• Contact and give your employer correct notice and information.

How much do you get?

£151.97 a week – (2021/22) (or 90 per cent of your average weekly earnings, if less).

How do you claim?

You must contact and give the correct information, notice and proof.

For bereaved parents there is a Children’s Funeral Payment available to help with the costs of child’s funeral (see our Social Fund guide for further information).

Note: with  all Statutory Maternity type Benefit claims – official information about providing notice, proof and information to your employer can be found at www.gov.uk – adding a specific heading – for example www.gov.uk/paternity-pay-leave/how-to-claim