Maternity Pay

Maternity Pay

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Can a lady with two employments receive two maternity pays?

I presume that their is legislation to stop a claim of two statutory maternity pays at £117.18 pw but what about the first six weeks when she would receive 90% of her salary?
Pete T

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By dnicholson
12th Aug 2008 11:38

See E12
To quote from Revenue publication E12, page 34:

"Employee has more than one employer

If your employee has more than one employer they can get SMP/SPP from each employer if they satisfy all the qualifying conditions. They can choose to take different time off from each employer."

I'm not sure of the legal standing, but I would follow it.

David.

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By neileg
12th Aug 2008 10:37

Pete
You won't find any legislation that permits the claiming of two lots of maternity pay. The fact is that there is no legislation stopping two payments (or more than two for that matter).

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By User deleted
12th Aug 2008 08:52

It is about using the rules to your benefit
Thank you Stephen, I agree and my wife's wages can be justified, she is Company Secretary which I believe exempts her from the minimum wage and the requirement of requiring employees liability insurance.

Also I work from home and because of having a young child at home I work one day my wife is at home at one client and try to fill the other day visiting other clients. This leaves my wife in charge of answering the phone when she is in. Just because it is not ringing constantly does not make her not employed whilst she is in.

I also use the above to pay for nursery on behalf of my wife. Therefore my company can pay up to £486 per month nursery fees for my one child.

I would appreciate it if anyone could direct me to the maternity pay legislation that allows two maternity pays as the DWP link below whilst useful is not legally binding.

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By stephenkendrew
11th Aug 2008 10:03

wrong?
As long as the wage can be justified in terms of the work done by Pete's wife then there is surely no problem.

Since when has doing things within the law been classed as money laundering??

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By User deleted
11th Aug 2008 09:19

That is just wrong
You cannot pay your wife just to get maternity pay. It is morally, ethically wrong and possibly money laundering.

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By User deleted
08th Aug 2008 09:30

Wow
So I can start paying my wife, who has a job working 3 days a week, £5,435pa and in 9 months should we be blessed with our second child she will get full maternity pay from her job for 9 months and £94pw maternity pay from my limited company for 9 months.

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By Dave Paveley
08th Aug 2008 07:29

Agreed

And there is no restriction on either claim.

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By stephenkendrew
07th Aug 2008 17:48

yes
there is nothing to stop someone claiming 2 maternity pays as long as they meet the relevant criteria.

DWP website states: -

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/Expectingorbringingupchildren/DG_10018741

"If you have more than one job, you may be able to get Statutory Maternity Pay from each employer."

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