Maternity, paternity and adoption benefits

These are benefits paid if you are pregnant, have just had a baby or are the partner of someone expecting a baby or are an adoptive parent.

Maternity allowance  

This is payable for up to 39 weeks if you are pregnant or have just had a baby and are either self employed or have given up work or changed jobs whilst you were pregnant. You cannot get this if you are receiving maternity pay.

To qualify, you must have worked (or been self-employed) for 26 weeks out of 66 weeks before the week in which your baby is due. You only need to have earned an average of £30 per week for 13 of those 66 weeks - this is lower than the weekly earnings limit for paying national insurance contributions.

Payment can start 11 weeks before the week in which your baby is due but can be delayed until your baby's birth if you are still in employment or self employment. Claim on form MA1 available from your local Jobcentre Plus office - or you can get a downloadable form MA1 from the jobcentre plus website.

Note: The Work and Families Act 2006 will extend maternity allowance from 39 weeks to a year by the end of parliament.

Statutory adoption pay

This is leave paid by your employer for up to 39 weeks if you have a child placed with you for adoption. 

To qualify, you must have worked for the same employer for at least 26 weeks leading into the week in which you are notified of being matched with a child for adoption. You must also have average earnings of at least £90 a week.

To claim you must give your employer documentary evidence from the adoption agency. You must also notify your employer at least 28 days in advance of when you want payment to start.

Note: The Work and Families Act 2006 will extend statutory adoption pay from 39 weeks to a year by the end of parliament.

Statutory maternity pay  

This is paid by your employer for up to 39 weeks if you are pregnant or have just had a baby and are in work.

To qualify, you must have worked for the same employer for at least 26 weeks by the 15th week (and still be employed that week) before the week your baby is due. You cannot get statutory maternity pay if your average earnings are below £90 a week.

Payment can start 11 weeks before the week in which your baby is due but can be delayed until your baby's birth. if you are still in employment. To claim you should write to your employer at least 28 days before you plan to give up work. You will also need to send in your MAT B1 maternity certificate.

Note: The Work and Families Act 2006 will extend statutory maternity pay from 39 weeks to a year by the end of parliament.

Statutory paternity pay

This is leave paid by your employer for up to 2 weeks where your partner or your spouse has given birth or where you have adopted (or are the partner of someone who has adopted) a child.

To qualify, you must have worked for the same employer for at least 26 weeks by the 15th week before the week the baby is due and your average earnings must not be below £90 a week. If the child is yours you must remain employed until the baby is born. If the child is adopted you must remain in employment until he or she is placed with you for adoption.

You must give your employer at least 28 days notice (or if it is not practical for you to do this then as soon as possible). You claim using form SC3, available from the HMRC website. 

Note: The Work and Families Act 2006 will extend statutory paternity pay from 39 weeks to a year by the end of parliament.

Other help

You may also be able to get sure start maternity grant from the social fund. for more infomation on this see Factsheet F41 - the social fund.

How much are they?

The rate for all these benefits is £117.18 a week, or 90% of your average weekly earnings (whichever is less). However the first 6 weeks of Statutory maternity pay are paid at 90% of your average weekly earnings.

Where can I get more help and information?

You can get help at a local advice centre, such as a citizen's advice bureau. You can get more information about this from our factsheet F15, Finding a local advice centre, which is available at www.disabilityalliance.org/f15.htm.

You can also find out more information about maternity, paternity and adoption benefits in Disability Alliance's Disability Rights Handbook, available to buy at www.disabilityalliance.org/drh33.htm.

You can obtain copies of our factsheets by contacting Disability Alliance on  020 7247 8776 (voice and minicom) or by fax on 020 7247 8765.

April 2008