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Discussion Starter · #1 ·
It just occured to me today, I have been  working and paying income tax and national insurance since 1994 when I arrived. I have married a British citizen, but have not taken British citizenship. I have a stamp for indefinate leave to remain. Will I qualify for SMP? I have never applied for any benefits whilst living and working in this country. Thanks
Julie
 

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Discussion Starter · #2 ·
bump :)
 

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Hi Julie

Thank you for your post.  My understanding is that as long as you meet the eligibility requirements for statutory maternity pay (SMP) you will be entitled to receive it, no matter where you are originally from.  There are no specific requirements of nationality, just that you are a UK employed earner (including making national insurance contributions).

As an outline an employee is eligible for SMP if:

- She has been continuously employed for at least 26 weeks at the end of the Qualifying Week, which is the 15th week before the expected week of childbirth (EWC), and is still employed during that week;

- Her normal weekly earnings are not less than the Lower Earnings Limit (LEL) for National Insurance purposes;

- She gives at least 28 days' notice (or, if that is not reasonably practicable, as much notice as is reasonably practicable) of the date she intends SMP to start;

- She supplies a certificate (usually a MAT B1) from a midwife or doctor, stating the date of her EWC. This must be given to the employer no more than three weeks after the birth or, if she has good cause for delay, as soon as reasonably practicable;

- She is still pregnant 11 weeks before the start of the EWC or has already given birth; and

- She has stopped work.

I hope that helps.

Kind regards

Louise Gibson
[email protected]
 

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Discussion Starter · #4 ·
cool thanks that has been a relief!!
 
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