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It's very important that you get help and advice as soon as you know that you're pregnant, to make sure that you know your rights and that you claim all the benefits to which you're entitled. Benefits have to be claimed on different forms, from different offices, depending on what you are claiming.

The rules often change and the figures given here are accurate up to March 2002. Maternity rights are complex and sometimes change, so you should get further advice if you are unsure. There are many voluntary organisations that are happy to help, so don't hesitate to ask for advice or get an opinion. See the box on where to get advice.

Where to get advice and help

Working out what benefits and rights you are entitled to and making claims can be complicated. Get help if you need it.

You can go to your local social security office (look in the business numbers section of the phone book under 'Benefits Agency'; in Northern Ireland 'Social Security Agency'). Or go to your local Citizens Advice Bureau or other advice centre (see page 141).

Citizens' Advice Bureaux, law centres and other advice agencies will also be able to advise you about your rights at work. To find your local advice agencies, look in your Yellow Pages phone book under 'Counselling & Advice'.

Some local authorities have welfare officers. Phone your social services department (in Northern Ireland, local Health and Social Services Trust) and ask.

Some national voluntary organisations offer information and advice on benefits and rights at work, for example the Maternity Alliance and the National Council for One Parent Families (see pages 141 and 142).

If you are a member of a trades union, your staff representative or local office should be able to advise you on your maternity rights at work. The Equal Opportunities Commission can advise you if your problem is to do with sex discrimination
(see page 141).

Benefits for All

Prescriptions and NHS dental treatment

These are free while you are pregnant and for 12 months after you have given birth. Your child also gets free prescriptions until age 16. To claim for free prescriptions, ask your doctor or midwife for form FW8 and send it to your Health Authority (in Northern Ireland, ask for HC11A and send it to the Central Services Agency). You will be sent an Exemption Certificate which lasts until a year after your due date.

To claim after your baby is born (if you didn't claim while you were pregnant) fill in form A in leaflet P11 NHS Prescriptions (or in Northern Ireland read the leaflet HC11 - Help with Health Service Costs), which you can get from your doctor or Benefits Agency/ Social Security Agency in Northern Ireland (social security office).

To claim for dental treatment, tick a box on a form provided by the dentist or show your Exemption Certificate (see above).

Child Benefit

What is it?

A tax-free benefit to help parents with the cost of caring for their children. It is payable for each child from birth until at least age 16.

Who gets it?

Every mother or the person responsible for the care of the child, but you must generally have been living in the United Kingdom for at least six months.

How much is it?

For your first child, £15.50 per week. (£17.55 per week for your first child if you are a single parent who has been claiming since before June 1998. For other children you get £10.35 a week per child.

How do I claim?

You may get a claim pack inside the Bounty Pack, which most new mothers are given in hospital. You can also get a claim pack from your Benefits Agency/Social Security Agency (social security office) or post office (also from the General Registrar's office in Northern Ireland). Fill in the forms and send them with your baby's birth certificate to the Child Benefit Centre (Child Benefit Office in Northern Ireland). The birth certificate will be returned to you.

Child Benefit can be paid directly into your bank account or by a book of orders which you cash at the post office. It is usually paid every four weeks in arrears, but single parents and families on low incomes can choose to be paid weekly. You should start to claim Child Benefit within three months of your baby's birth, otherwise you will lose some of the benefit.

Anything else?

Child Benefit can help to protect your State Retirement Pension if you stay at home to look after your child. For every complete year that you get Child Benefit, but you don't pay enough National Insurance contributions to count towards the basic pension, you automatically get 'Home Responsibilities Protection'.

Children's Tax Credit

What is it?

A reduction in the amount of income tax paid by families with a child or children under 16.

Who gets it?

You or your partner can claim if:

you pay tax, and
you have a child under 16 living with you, and
the child is your own, or looked after at your expense.

If you live with your partner you can only get one tax credit between you, even if you have more than one child.
If neither of you pay tax at the higher rate you can either decide who should have the whole credit, or divide the credit equally between you.

If one of you pays tax at the higher rate, the one with the highest income will get the credit.

How much is it?
Up to £520 a year (£10 a week). If you or your partner are a higher rate taxpayer the credit is reduced by £1 for every £15 of income taxed at the higher rate.

From April 2002 the Children's Tax Credit will be increased by £10 a week for families in the year of a child's birth.

How do I claim?

If you pay tax under PAYE you can get a claim form from your local tax office, or by calling the Children's Tax Credit helpline on 0845 300 1036. If you live with your partner, the higher earner must sign the application form. The lower earner only needs to sign the form if they want to get all or part of the credit.

If you are self-employed, you can claim as part of your 2001/2002 tax return.

Benefits if your income is low

Income-based Jobseeker's Allowance (JSA) and Income Support

What are they?

Weekly payments for people who are not in work and do not have enough to live on. If your family income falls below a set level the benefit will 'top it up'. This means that you may be able to get Income Support even if you are already getting Statutory Maternity Pay, Maternity Allowance, Incapacity Benefit or some income from part-time work.

Who gets them?

You can claim income-based JSA if you are 18 or over and you are actively seeking work. Usually you would claim this benefit if you are living with your partner and you are both either unemployed or working part time. You should also claim it if you are single and unemployed but your baby has not been born yet.
If you are 16-17 and face severe hardship you may be able to claim before your baby is born. You should get further advice about this.

You can claim Income Support if you are 16 or over and cannot be available for work. This would be because you are a single parent or because you are 29 weeks pregnant or more. You may also get Income Support if you are single and pregnant and you are too sick to work.

You cannot claim income-based JSA or Income Support if you have a partner who lives with you and works for 24 hours or more a week, if you work for more than 16 hours a week, or if you have savings of more than £8000.

How much is it?
This depends on your age and the size of your family, and on what other income you have. If you are under 25 or have more than £3000 in savings you get a lower rate. If you're claiming during pregnancy you should let the Benefits Agency/Social security Agency know as soon as the baby is born, as your benefit will go up. For example:

If you are a single parent aged 18 or over with one baby and no savings, you would be allowed an income of £99 per week. This means that any weekly income you already have (such as Child Benefit) would be topped up to the Income Support level for your family.
If you are in a couple and one or both of you is aged 18 or over, you have one baby and no savings, you would be allowed an income of £129.20 per week. This means that any weekly income you already have (such as Child Benefit) would be topped up to the income-based JSA level for your family.

How do I claim?

To claim income-based JSA before your baby is born, you or your partner must both go to the Jobcentre in person (you may be able to claim by post if you live a long way from the Jobcentre). In Northern Ireland, claim income-based JSA at your local Social Security Office). After your baby is born you will no longer need to sign on. Your partner can continue to claim for you and the baby.

To claim Income Support, fill in form A1 which you may get from a post office or a Benefits Agency (or in Northern Ireland from your Social Security Agency). Return the form to your local Benefits Agency/Social Security Agency (social security office).

The benefit is paid directly into your bank account, or by Giro, or by a book of orders which you cash at the post office. If you are claiming income-based JSA you will have to go to the Jobcentre every fortnight (Social Security Office in Northern Ireland), to 'sign on' to show that you are available for work. If you are claiming Income Support you do not need to 'sign on'.

Anything else?

If you get Income Support or income-based JSA, you can claim other benefits, such as a £300 Sure Start Maternity Grant, free milk and vitamins, help with fares to hospital, Housing Benefit and Council Tax Benefit. You may be able to get help with mortgage interest payments. See below for more information.

Working Families' Tax Credit (WFTC)

What is it?

A tax credit for working parents on low or middle incomes.

Who gets it?

Families (including one parent families) with at least one child under 16 (or under 19 in full time education), where one parent works 16 hours a week or more. From April 2001 you will be able to claim WFTC while on maternity leave if you are getting SMP or Maternity Allowance. The more children you have, the more you can earn and still get WFTC. On your Child Benefit letter of award or benefit book there is a personalised message that tells you how much your family can earn and qualify for WFTC.

How much is it?

It depends what your income is, how many children you have, how old they are and whether you pay for registered childcare. If your income is less than £92.90 per week you could get the maximum amount. You get less if your income is more and if you have savings of over £3000. Any Child Benefit, Maternity Allowance or maintenance you are receiving is ignored in working out your family income. You cannot get WFTC if you have savings of more than £8000.

As a rough guide:

If you have one child and you or your partner work for 16 hours or more a week, you could get WFTC if your family earnings after tax are less than £246 a week (of less that £267 a week if you or your partner work for 30 hours or more per week).
If you have more than one child, or if you are paying for eliglble childcare, your income can be higher and you may still qualify for WFTC.

How do I claim?

Claim on form WFTC1, which you can get from your Tax Credit office by calling 0845 609 5000 or textphone 0845 606 6668 (in Northern Ireland, 0845 609 7000 or textphone 0845 607 6078). Alternatively you can call your Benefits Agency/Social Security Agency (social security office) or Jobcentre. You cannot claim before the birth of your first child. Each award of WFTC lasts for 26 weeks and the amount normally stays the same even if your circumstances change.

From April 2001 you will be able to apply for additional help as soon as your baby is borrn, without having to wait for an existing award to end. However, if your family income has increased since your last claim it may be better to wait until your existing award ends before asking for a new assessment. Seek further advice if you think this applies to you by calling the WFTC helpline on 0845 609 5000 (in Northern Ireland 0845 609 7000). WFTC is paid in your wages or salary if you are employed, or directly into a bank account every two weeks or by a book of orders which you cash at the post office. If you live together, you and your partner can choose which of you receives the WFTC.

What about help with childcare costs?
You may be able to get a Childcare Tax Credit to help with the cost of your childcare, as well as your WFTC. You could get this if:
oYou are a single parent working at least 16 hours a week; or you live in a couple where each of you works at least 16 hours a week; or one of you is disabled.

AND, you pay for registered childcare (e.g. a childminder, nursery, playscheme or out-of-school club).
AND, you qualify for WFTC.

If you qualify you could get extra WFTC which will pay for up to 70% of your childcare costs up to a maximum cost of £135 for one child or £200 for two or more children. This means that the Childcare Tax Credit is worth up to £94.50 a week (one child) or £140 a week (two or more children).

If you are disabled you should ask your Benefits Agency/Social Security Agency (social security office) about your entitlement to Disabled Persons Tax Credit.

Anything else?

If you get WFTC you may also be able to claim a £300 Sure Start Maternity Grant, get formula milk at a reduced price, Housing Benefit, Council Tax Benefit and help with fares to hospital (see below for information), but these benefits are only available for families on a low income; not all families receiving WFTC will qualify, you will need to check.

£300 Sure Start Maternity Grant from the Social Fund

What is it?

A lump sum payment (a grant which you do not have to pay back) to help buy things for a new baby.

Who gets it?

Pregnant women and new parents who are getting income-based JSA, Income Support, WFTC or Disabled Person's Tax Credit (DPTC).

How much is it?

£300 for each baby. If you have more than £500 in savings the payment will be reduced. For every £1 of savings over £500, £1 will be deducted. From October 2001, the £500 capital limit will be abolished. This means that all women getting one of the qualifying benefits above will get the full grant of £300.

How do I claim?

Claim using form SF100 (Sure Start) which you can get from your local Benefits Agency/Social Security Agency (social security office). You can claim any time from 11 weeks before the due date until three months after the birth.

Part of the form will need to be completed by your midwife, GP or health visitor. This is to confirm when your baby is due or actually born, and that you have received advice about the health and welfare of yourself and your baby.

If you can't get income-based JSA, Income Support, WFTC or DPTC until after your baby is born, claim the Sure Start Maternity Grant before your baby is three months old.

Social Fund loans

What are they?

Interest-free loans for people in need. There are different types of Social Fund loans for different circumstances.

Who gets them?

If your income is very low and you need money urgently, you may be able to get a Crisis Loan. If you have been receiving income-based Jobseeker's Allowance or Income Support for at least 26 weeks and you need money to buy an essential item, you may be able to get a Budgeting Loan.

How much are they?

This depends on your personal circumstances, your ability to pay and on how much money is available. Social Fund loans are not a right and there is a limited amount of money to be distributed to all those who apply.

How do I claim?

For information about which Social Fund loan to claim and how, contact your local Benefits Agency/Social Security Agency.
The loan has to be repaid at a set amount per week, which will be taken directly from your income if you are claiming other benefits. The amount you have to repay per week depends on the size of the loan, the size of your income and any other debts you may have.

Anything else?

The Social Fund can also provide Community Care Grants to families receiving income-based Jobseeker's Allowance or Income Support under certain circumstances, such as to help pay fares to visit a mother and baby in hospital or to help a family under exceptional pressure. Grants do not have to be repaid.

Housing Benefit - help with your rent

(in Northern Ireland this will help with your rent and/or rates)

What is it?

Housing Benefit will help you pay your rent (in Northern Ireland rent and/or rates) if you're on income-based Jobseeker's Allowance, Income Support, or have a low income. If you are a council/Housing Executive tenant it will be paid direct to the council/Housing Executive; if you are a private tenant it will be paid either to you or direct to your landlord. In Northern Ireland if you are an owner occupier Housing Benefit will be paid in the form of a rate rebate administered by the Rate Collection Agency.

How much is it?
It depends on the rent you pay, average rents in your area, the size of your home, your income, savings, other benefits, your age and your family size. It may not be the same amount as the rent you are actually paying. You cannot get Housing Benefit if you have savings of more than £16,000 and the amount you get is reduced if you have savings of more than £3000.

How do I claim?
If you're getting income-based Jobseeker's Allowance (JSA) or Income Support you will get a Housing Benefit claim pack with your JSA/Income Support claim form. Otherwise, get a form from your local council. In Northern Ireland if you are a tenant get claim form HB1 from your Northern Ireland Housing Executive district office or if you are an owner occupier get claim form F1 from the Rate Collection Agency (RCA), Londonderry House, 21-27 Chichester Street, Belfast BT1 4JJ, tel: 028 9025 2525 or your local RCA.

Help with mortgage interest repayments

Who gets it?

If you've got a mortgage and you're on income-based JSA or Income Support, you may be able to get help with your interest payments, although there is usually a waiting period during which you won't get any help.

How much is it?

You can only get help with interest payments (not repayments of capital or contributions to a linked PEP, endowment or insurance policy) and the amount is usually based on a standard average interest rate (which may not be the same as the interest you are paying).
If you took out your mortgage before 2 October 1995, you will get no help for eight weeks, half of the allowable interest for the next 18 weeks and then all the allowable interest after that.

If you took out your mortgage after 1 October 1995, you will get no help for 39 weeks and then all the allowable interest from week 40 of your claim. If you claim benefit because of the death of your partner or because your partner has left you and you have at least one child under 16, you are treated as if you took out your mortgage before 2 October 1995.

How do I claim?

Once you have claimed income-based JSA or Income Support, your Benefits Agency/Social Security Agency (social security office) will automatically send you a form MI12 about your housing costs shortly before they become payable. You fill out part of the form and then send it to your mortgage lender to fill out the rest.

The money will either be paid to you as part of your income-based JSA or Income Support, or it will be paid directly to your mortgage lender.

Anything else?

Tell your mortgage lender as soon as you get into difficulties with your mortgage. If you are unable to meet your repayments you may be able to negotiate a temporary agreement for reduced repayments (e.g. during your maternity leave). Some mortgage lenders allow a few months' 'repayment holiday' once during the life of the mortgage.

If you have Mortgage Protection insurance, contact your insurer immediately. Most insurance policies will pay out if you are receiving income-based JSA or Income Support, but not if you are only receiving Statutory Maternity Pay or Maternity Allowance, so check carefully.

Council Tax Benefit

(Not applicable in Northern Ireland.)

What is it?

A benefit to help you pay your Council Tax if your income is low.

Who gets it?

If your income is low or you're getting income-based JSA or Income Support, you may get Council Tax Benefit.

How much is it?

You may get all of your Council Tax paid or just part of it. It will depend on your income, savings, whether other adults live with you, and an assessment of your circumstances.

How do I claim?

If you're getting income-based JSA or Income Support, you will get a Council Tax Benefit claim form with your JSA/Income Support claim form. Otherwise, get a form from your local council.

Free milk and vitamins

Who gets them?

You can get these free if you get income-based JSA or Income Support. They are for pregnant and breastfeeding women and for children up to the age of five.

How do I claim?

Your local Benefits Agency/Social Security Agency will arrange for these to be issued to you once you tell them that you are pregnant and the date your baby is due. You will get milk tokens which can be exchanged for one pint of milk a day from most shops and milkmen. Once your baby is born you will continue to get tokens which you can exchange for milk which you can drink if you are breastfeeding.
If you decide to bottle feed your baby you can ask the issuing office (Benefits Agency/Social Security Agency or Post Office) to stamp the tokens for dried milk. You are entitled to dried milk tokens until your baby's first birthday. You can exchange these tokens for formula milk at Child Health Clinics and also some pharmacies in Northern Ireland.

You can get free vitamins from Child Health Clinics if you show your benefit book or award of benefit and proof of your children's ages (your Child Benefit order book, the birth certificate or your parent held child health record).

Reduced price formula milk

You can buy formula milk at a reduced price if you get maximum WFTC or if it is reduced by £71 a week or less and you have a child under one year old.

How do I claim?

You can get it from the Child Health Clinic and also some pharmacies in Northern Ireland. You will need to prove that you are entitled to WFTC at the maximum level or that it has been reduced by £71 a week or less. You will also need to prove your baby's age.

Help with hospital fares

Who gets it?

If your family gets income-based JSA, Income Support or WFTC, you can get a refund for fares to and from the hospital (including visits for antenatal care). This can cover normal public transport fares, estimated petrol costs and taxi fares if there is no alternative. You may also be entitled to help if your family has a low income.

How do I claim?

If you are claiming one of the benefits mentioned above, you can claim at the hospital at the time of your visit, by showing proof that you get the benefit. Alternatively you can claim within three months of your visit, by filling in form HC5 which you can get from the hospital or the Benefits Agency/Social Security Agency.

If your income is low, you must first fill in form HC1 which you can get from your doctor, hospital or Social Security Office. Depending on how low your income is, you will then be given either certificate HC2 which means you qualify for free services, or certificate HC3 which means that you qualify for some help.

You show the certificate when you go to the hospital, or you can claim within three months of your visit, on form HC5.

Maternity Benefits

Maternity Allowance (MA)

for women who have changed jobs during pregnancy and/or
for women who have had periods of low earnings or unemployment during pregnancy
for women who are self-employed.

What is it?

A weekly allowance for women who work just before or during their pregnancy but who can't get Statutory Maternity Pay (see below). You may get Maternity Allowance if you are self-employed, if you stopped work or if you changed jobs during pregnancy.

Who gets it?

You can claim standard-rate Maternity Allowance if you have worked for at least 26 of the 66 weeks before the expected week of childbirth. You also have to have earned at least £72 per week during those weeks. You can also get it if you are self-employed and have paid 13 Class 2 National Insurance contributions or had a mixture of employed and self-employed work.

You can claim variable-rate Maternity Allowance if you have worked for at least 26 weeks out of the 66 weeks before the expected week of childbirth. You also have to have earned £30 or more a week on average but less than £72, for 13 weeks in a row during that 66 weeks. You can also claim this if you are self-employed and hold a small earnings exception certificate for National Insurance or have done a mixture of employed and self-employed work.

The standard-rate Maternity Allowance (MA) is £62.20 a week for up to 18 weeks. The variable-rate MA is 90% of your average earnings for up to 18 weeks, up to a maximum of £62.20.

When is it paid?

Maternity Allowance is paid for up to 18 weeks, but only for weeks in which you are not working. The earliest it can start is 11 weeks before the expected week of childbirth (EWC) and the latest it can start is the EWC. If you are employed or self-employed you can choose when to start your MA, but if you are unemployed your MA must start 11 weeks before your baby is due.

How do I claim?

The rules are complicated, so if you are not sure whether you qualify, make a claim. Your local Benefits Agency (in Northern Ireland, the Incapacity Benefits Branch, Castle Court, Royal Avenue, Belfast, BT1 1SB) will work out whether or not you can get the benefit.

You must claim within three months of giving birth or you may lose the benefit. Fill in form MA1 (available from your social security office or antenatal clinic) and send it to the Benefits Agency (in Northern Ireland, the Incapacity Benefits Branch). You must also send your maternity certificate (form MAT B1), which you get from your GP or midwife; and, if you are employed, form SMP1 from your employer to show why you don't qualify for Statutory Maternity Pay. Send in form MA1 as soon as you are 26 weeks pregnant, you can always send the other forms later.

If you have not earned enough, have not worked for enough weeks or have not paid enough National Insurance contributions by the time you are 26 weeks pregnant, then you can decide to apply for MA later in your pregnancy. You should send off the MA1 form as soon as you have fulfilled all the qualifying conditions.

Maternity Allowance is paid by a book of orders which you cash, or directly into your bank account. If you are not entitled to MA, the Benefits Agency/Incapacity Benefits Branch will use the same claim form to check whether you might be entitled to Incapacity Benefit (see below). Sometimes they forget, so if you do not hear from them about this, contact them.

Incapacity Benefit (IB)

for women who have paid some National Insurance contributions during the last three years.

What is it?

A weekly allowance which can be paid to women who don't qualify for Statutory Maternity Pay or Maternity Allowance.

Who gets it?

You get Incapacity Benefit (IB) if you have enough National Insurance contributions in earlier tax years. Claim if you have paid any National Insurance contributions during the last three tax years that do not overlap the current calendar year. If you are not sure whether or not you qualify, claim and your local Benefits Agency/ Incapacity Benefits Branch will work out whether you can get the benefit.

How much is it and when is it paid?

It is £52.60 per week. It is paid from six weeks before your baby is due, until two weeks after your baby is actually born. You won't get IB for any week in which you work.

How do I claim?

Make a claim for Maternity Allowance using form MA1 which you can get from your social security office (Benefits Agency/Social Security Agency) or your antenatal clinic. You also have to send your maternity certificate (form MAT B1), which you get from your midwife or GP when you are about 26 weeks pregnant. You don't need to send in a sick note from your doctor.

If you are not entitled to Maternity Allowance, the social security office (in Northern Ireland the Incapacity Benefits Branch) will check automatically to see if you qualify for IB. Sometimes they forget, so if you do not hear from them about this, contact them. It can be paid directly into your bank or by a book of orders that you cash. You must claim within three months of giving birth or you may lose the benefit.

Statutory Maternity Pay (SMP)

for women who have been in the same job throughout their pregnancy AND
whose earnings average £72 per week or more

What is it?

Maternity pay for 18 weeks. Your employer pays it to you and then claims most or all of it back from the Inland Revenue. You can get it even if you don't plan to go back to work. You will not have to pay Statutory Maternity Pay (SMP) back if you don't return to work. You may qualify for SMP from more than one employer.

Who gets it?
You get SMP if:

you have worked for the same employer for at least 26 weeks by the end of the qualifying week (the 15th week before the expected week of childbirth, which is approximately the 26th week of pregnancy), i.e. you started the job before you got pregnant, and
you are still in your job in this qualifying week (it doesn't matter if you are off work sick, or on holiday), and
you actually receive at least £72 (before tax) per week in earnings, on average, in the eight weeks (if you are paid weekly) or two months (if you are paid monthly) up to the last pay day before the end of the qualifying week, and
you stop work for a reason related to your pregnancy e.g. you start maternity leave; or you leave work involuntarily before you start your maternity leave e.g. you are made redundant.

To find out which is the qualifying week, look on a calendar for the Sunday before your baby is due (or the due date if that is a Sunday) and count back 15 Sundays from there. You should use the due date on the MAT B1 certificate which your midwife or GP will give you when you are about 26 weeks pregnant.

If you are not sure if you're entitled to SMP, ask anyway. Your employer will work out whether or not you should get it and if you don't qualify they will give you form SMP1 to explain why. If your employer is not sure how to work out your SMP or how to claim it back, they can ring 0845 714 3143 for advice.

How much is it?

For the first six weeks you get 90% of your average pay. After that you get the basic rate of SMP which is £62.20 per week for 12 weeks. The average is calculated from the pay you actually received in the eight weeks or two months up to the last pay day before the end of the qualifying week. Your employer normally pays your SMP in the same way as your salary is paid. S/he deducts any tax and National Insurance contributions.

When is it paid?

The earliest you can start your SMP is 11 weeks before the expected week of childbirth. This is when you are about 29 weeks pregnant, but you have to use the due date on your MAT B1 certificate which your midwife or GP will give you. Find the Sunday before your
baby is due (or the due date if it is a Sunday) and count back 11 Sundays from there. It is for you to decide when you want to stop work. You can even work right up until the date the baby is due, unless:

you have a pregnancy-related illness/absence in the last 6 weeks of your pregnancy. In this case your employer can
start your maternity leave even if you are absent for only one day. However, if you are ill only for a short time your employer may agree to let you start your maternity leave when you had planned; or
your baby is born before the day you were planning to start your leave. In this case leave will start on the day of birth.

SMP is paid for 18 weeks and always starts on the Sunday after you go on maternity leave. So if your last day of work is a Friday or Saturday it will start immediately. You cannot get any SMP for any week in which you work even part of a week. So if you return to work early your SMP will stop.

How do I claim?

Write to your employer at least 21 days before you plan to stop work, telling them the date you are going on leave and asking them to pay you SMP. You must also send them your maternity certificate (MAT B1 form), which your GP or midwife will give you when you are about 26 weeks pregnant.

If you are unemployed

Contribution-based Jobseeker's Allowance (JSA)

What is it?

An allowance which lasts for up to 26 weeks for people who are unemployed or working less than 16 hours a week.

Who gets it?

You get it if you have paid enough National Insurance contributions during the last two tax years that do not overlap the current calendar year. You have to be available for work for as many hours as your caring responsibilities permit (not less than 16 hours) and you have to be actively seeking work.

How much is it?

If you are under 18 you get £31.95 a week; if you are aged 18-24 you get £42.00 a week; if you are 25 or over you get £53.05 a week. Your partner's earnings are not taken into account but, if you are in part time work, your earnings are.

How do I claim?

Go to your local Jobcentre in person (Social Security Office in Northern Ireland), or you can claim by post if you live too far away. You will have to go to the Jobcentre (Social Security Office in Northern Ireland) every fortnight to 'sign on' to show that you are available for work.

The benefit is paid directly into your bank account, or by Giro normally every two weeks.

Anything else?

If your family has no other income, you will probably be entitled to income-based JSA and other benefits for families on low incomes (see section above).

If I resign from my job and don't go back to work after maternity leave, can I claim anything?

You may be able to claim contribution-based Jobseeker's Allowance (JSA) for up to six months. However, you will have to show that you had 'just cause' for voluntarily leaving your job. You will also have to be available for work for as many hours a week as your caring responsibilities permit (and not less than 16). If you haven't paid enough National Insurance contributions, you may be able to claim income-based JSA instead (see above), depending on your personal circumstances. Apply in person at the Jobcentre (Social Security Office in Northern Ireland).

If you are a single parent you may be able to claim Income Support or WFTC (see above) once the baby is born. If you are in a couple and your partner has a low income, you may be able to claim Working Families' Tax Credit (see above). Apply to the Benefits Agency/Social Security Agency.

Maternity leave

Ordinary maternity leave (OML)

18 weeks' leave for all employed women
right to return to same job

What is it?

It is 18 weeks' leave from work for any woman who is employed while she is pregnant. You must give your employer the correct notice (see Giving Notice, below).

Who gets it?

It doesn't matter how many hours you work or how long you have worked for your employer, you will still be entitled to OML. All women employees are entitled to OML. You are usually an employee if the following arrangements exist at your work:

your employer deducts tax and National Insurance from your pay
your employer controls the work you do, and when and how you do it
your employer provides all the equipment for your work.

If you work for an agency, you are probably not an employee.

When can I start it?

The earliest you can start your ordinary maternity leave is 11 weeks before the expected week of childbirth. This is when you are about 29 weeks pregnant, but you have to use the due date on your MAT B1 certificate which your midwife or GP will give you. Find the
Sunday before your baby is due (or the due date if it is a Sunday) and count back 11 Sundays from there. It is for you to decide when you want to stop work. You can even work right up until the date the baby is due, unless:

you have a pregnancy-related illness/absence in the last six weeks of your pregnancy. In this case your employer can start your maternity leave even if you are absent for only one day. However, if you are ill only for a short time your employer may agree to let you start your maternity leave when you had planned; or
your baby is born before the day you were planning to start your leave. In this case leave will start on the day of birth.

What will I get while I'm away?

During OML your contractual rights (i.e. any special rights that apply to your particular workplace, such as a company car or pension) continue as if you were still at work, apart from your normal pay.

You may be able to get Statutory Maternity Pay or Maternity Allowance while you are away (see above). Some employers also offer extra maternity pay: you need to check your contract, or ask the human resources department or your union representative. Your statutory rights (i.e. rights that apply by law to all employees in this country, such as holiday) will also continue as if you were still at work.

If you are made redundant whilst on maternity leave, your employer must offer you any suitable alternative work that is available. If there is none, they must pay you any notice and redundancy pay you are entitled to.

Do I have to give notice of my return?

You do not need to give any notice of return if you are going back to work at the end of your leave (18 weeks from the day you began your leave). You simply go to work on the day that you are due back.

If you want to return to work early you must give your employer 21 days' notice of the date you will be returning. If you do not give this notice and just turn up at work before the end of the 18 week period, your employer can send you away for 21 days or until the end of your 18 weeks' leave, whichever is earlier.

What happens when I go back?

When you go back it will be to exactly the same job. The law does not allow you to work for two weeks after childbirth and this period is known as Compulsory Maternity Leave. You will not be allowed to return to work during this time.

Unless you are entitled to additional maternity leave (see below), you can't stay on maternity leave after the end of your OML, unless this has been agreed with your employer. You should ask your employer to confirm this agreement in writing.

Additional maternity leave (AML)

for women who have been in the same job for one year and 11 weeks or more by the week their baby is due
you don't have to return to work until your baby is about 29 weeks old

What is it?

You can leave work any time from 11 weeks before your due date. You can stay off work for 29 weeks from the start of the actual week your baby is born.

Who gets it?

You can take Additional Maternity Leave (AML) if you have worked for the same employer for at least one year by the beginning of the 11th week before the expected week of childbirth. This is when you are about 29 weeks pregnant, but you have to use the due date on your MAT B1 certificate which your midwife or GP will give you. Find the Sunday before your baby is due (or the due date if it is a Sunday) and count back 11 Sundays from there.

You must give your employer the correct notice (see Giving Notice, below).

When can I start it and how long does it last?

The earliest you can start your maternity leave is 11 weeks before the expected week of childbirth. This is when you are about 29 weeks pregnant, see the section above on who gets additional maternity leave, for information on how to work this out. It is for you to decide when you want to stop work. You can even work right up until the date the baby is due, unless:

you have a pregnancy-related illness/absence in the last 6 weeks of your pregnancy. In this case your employer can start your maternity leave even if you are absent for only one day. However, if you are ill only for a short time your employer may agree to let you start your maternity leave when you had planned; or
your baby is born before the day you were planning to start your leave. In this case leave will start on the day of birth.

Your leave lasts for 29 weeks from the start of the week when your baby is actually born (i.e. until your baby is about 29 weeks old). Find the Sunday at the start of the week your baby was actually born (or the day your baby was born if it was a Sunday) and count forward 29 weeks from there. If your baby was born early or late, you may well end up with less leave or more leave than you expected.
The first 18 weeks of your maternity leave is officially known as your Ordinary Maternity Leave (OML) period. Your Additional Maternity Leave (AML) period starts at the end of this 18 weeks and continues until you return to work. In practice it will not matter too much to you whether a particular week of your leave is called OML or AML. However, it can be useful to bear in mind: for example, when reading about what rights you get while you are away, in the section below.

What will I get while I'm away?

During the first 18 weeks of leave (your OML period) your contractual rights (i.e. any special rights that apply to your particular workplace, such as a company car or pension) continue as if you were still at work, apart from your normal pay.

During the first 18 weeks of your leave you will probably be entitled to Statutory Maternity Pay (see above). After that your leave will be unpaid. Some employers also offer extra maternity pay: you need to check your contract, or ask the human resources department or your union representative.

During the rest of your time on leave (your AML period) you will continue to be an employee, but the only contractual rights which will continue automatically will be:

the notice period in your contract of employment will still apply (if either you or your employer wish to terminate your employment);
you will be entitled to redundancy pay;
disciplinary and grievance procedures will apply; and
if your contract has a section which states that you must not work for any other company, this will still apply.

It might be possible to negotiate with your employer for other contractual rights to continue.

These rules do not apply to your statutory rights (i.e. rights that apply by law to all employees in this country). For example, everyone has a legal right to 20 days' paid annual leave whether they are on maternity leave or not. Also your employer must not discriminate against you by failing to consider you for opportunities such as promotion.

Do I have to give notice of my return?

Your employer can write to you, at any time from 15 weeks after the start of your maternity leave, asking you to confirm:

that you are going back to work; and
the date on which your baby was born.

They must also send you information to help you work out when your additional maternity leave will end. It is a good idea to write and give this information before your employer even writes to you.

You must reply to your employer's letter, in writing within 21 days, giving them the date your baby was born and stating that you intend to return to work. This does not mean you have to go back: you can still change your mind later. If you don't write back, your protection from unfair dismissal will be considerably weakened.

You do not need to give any notice of return if you are going back to work at the end of your leave (29 weeks from the week your baby was born). You simply go to work on the day that you are due back.

If you want to return to work early you must give your employer 21 days' notice of the date you will be returning. If you do not give this notice and just turn up at work before the end of your AML, your employer can send you away for 21 days or until the end of your AML, whichever is earlier.

What happens when I go back?

When you return to work after additional maternity leave your employer must give you back:

the same job; or
only if that is not reasonably practicable, a suitable job on very similar terms and conditions.

You can't stay on maternity leave after the end of your AML, unless this has been agreed with your employer. You should ask your employer to confirm this agreement in writing.

What if I work in a small firm?

If you work for a firm that employs five people or less, you still have the right to AML. However, if your employer can show that it is not possible to keep your job open or to offer you a very similar job, then you cannot automatically claim that you have been unfairly dismissed. However, you may well still have unfair dismissal and sex discrimination claims and you may be entitled to redundancy pay.

Giving Notice for OML and AML

To give notice that you will be taking maternity leave, tell your employer the following things, at least 21 days before you start your maternity leave.

That you are pregnant (you must put this in writing).
The expected week of childbirth (you must put this in writing).
The date on which you intend to start your maternity leave (if your employer asks you to, you must put this in writing).
If your employer asks for it, give them a copy of your maternity certificate (form MAT B1) which your midwife or GP will give you when you are about 6 months pregnant.
Ask for Statutory Maternity Pay (if you are entitled to it).

If you cannot give 21 days' notice that you will be taking maternity leave (for example because you have to go into hospital unexpectedly), you must give notice as soon as you reasonably can.

Other employment rights

Parental leave

What is it?

Unpaid leave from work of 13 weeks per parent per child, to be taken before the child's fifth birthday. It is also available for adoptive parents, in which case you can take it either within five years of the placement for adoption or by the child's 18th birthday, whichever is earlier. In the case of a child on Disability Living Allowance (DLA), the leave must be taken before the child is 18.

Who gets it?

Parents of a child born or adopted on or after 15 December 1999. In order to get parental leave, you must have been employed for a year, you must have or expect to have responsibility for a child and you must take the leave in order to care for that child. To get parental leave, you must give your employer at least 21 days' notice of the dates that you want to take the leave. Your employer can postpone the leave, but only if their business would be unduly disrupted.

This leave can also be taken by fathers wanting to take time off at or around the birth of a baby. In order to get this leave he must give 21 days notice of the expected week of childbirth. His employer cannot postpone leave in these circumstances.

What will I get while I'm away?

During parental leave you will continue to be an employee, but the only contractual rights which will continue automatically will be:

the notice period in your contract of employment will still apply (if either you or your employer wish to terminate your employment);
you will be entitled to redundancy pay;
disciplinary and grievance procedures will apply; and
if your contract has a section which states that you must not work for any other company, this will still apply.

These rules do not apply to your statutory rights (i.e. rights that apply by law to all employees in this country). For example, everyone has a legal right to 20 days' paid annual leave whether they are on parental leave or not. Also your employer must not discriminate against you by failing to consider you for opportunities such as promotion.

Do I have to give notice of my return?

No notice is necessary, you simply go to work on the day that you are due back. If you take parental leave of four weeks or less, you have the right to return to exactly the same job as you were doing before. The exception to this rule is that if you take parental leave of four weeks or less at the end of Additional Maternity Leave, and it is not feasible for you to return to the same job, you must be allowed to return to a similar job. If you take parental leave of more than four weeks and it is not feasible for you to return to the same job, you must be allowed to return to a similar job.

Anything else?

The aim of the Government is that the other details of the parental leave scheme can be negotiated between employers and employees. A workplace can agree any arrangement it wants as long as it does not go below the legal minimum framework set out above.

What about time off for emergencies?

From 15 December 1999, every worker is entitled to unpaid leave to care for a dependant who falls ill, gives birth or is injured. The leave can also be used if there is a sudden problem with arrangements for care of the dependant (e.g. if your childminder falls ill).

Time off for antenatal care

You have the right to take reasonable time off for your antenatal appointments, including time needed to travel to your clinic or GP, without loss of pay.

You should let your employer know when you need time off. For appointments after the first one, your employer can ask to see your appointment card and a certificate stating that you are pregnant.

Antenatal care includes parentcraft and relaxation classes. You may need a letter to show your employer from your GP or midwife, saying that these classes are part of your antenatal care.

Health and safety rights

If you are pregnant, have recently given birth or are breastfeeding, your employer must make sure that the kind of work you do and your working conditions will not put your health or your baby's health at risk. To get the full benefit of this legal protection you must notify your employer in writing that you are pregnant or have recently given birth or are breastfeeding.

Your employer must:

Carry out a risk assessment at your workplace and do all that is reasonable to remove or reduce the risks found.
If there are still risks, your employer must alter your working conditions or hours of work to remove the risk.
If this is not possible or would not avoid the risk, your employer must offer you a suitable alternative job.
If this is not possible, your employer must suspend you on full pay for as long as is necessary to avoid the risks.

If you do night work and your doctor advises that you should stop for health and safety reasons, you have the right to transfer to day work or, if that's not possible, to be suspended on full pay. You must provide a medical certificate.

Dismissal or unfair treatment

It is against the law for your employer to treat you unfairly, dismiss you or select you for redundancy for any reason connected with pregnancy, childbirth or maternity leave.

If you are dismissed while you are pregnant or during your maternity leave, your employer must give you a written statement of the reasons.

If you are dismissed or treated unfairly, you must put in your claim to the Employment Tribunal or in Northern Ireland the Industrial Tribunal within three months. Any claim will probably include a claim for compensation for sex discrimination.

Return to work on child-friendly hours

What are my rights?

If you want to change the way you work after having a baby, your employer must seriously consider your request. According to the Sex Discrimination Act (see Discrimination Order in Northern Ireland), employers must have a good reason for refusing to let women work flexibly in order to look after their children.

Your employer will only be able to know if you can change the way you work by giving it a lot of thought. Refusing to even consider your request would probably be seen as unjustified if the matter went to an Employment Tribunal (Industrial Tribunal). So would having a policy of refusing part-time work. People often assume a job has to be done full-time or at certain fixed times of day. But, if you and your employer look carefully at your job, you may be able to work out a more child-friendly option - perhaps one that neither of you had considered before.

Does all this apply to me?

Employers must consider the request of any woman with children to work child-friendly hours. However, legal protection only applies if you would be disadvantaged by not being allowed to work the child-friendly hours you need to. In other words, you must have a good reason for asking to work differently, just as an employer must have a good reason for refusing.

Some good reasons for asking are:

you can't find full-time childcare;
you can't afford to pay for full-time childcare;
you have to be there when your children come home from school, perhaps because they have special needs;
you are suffering from severe stress from working long hours (perhaps because your partner can't share the childcare).

What counts as a good reason for refusing?

Many of the arguments employers use do not count as justification at an Employment Tribunal (Industrial Tribunal).

For example:

there are no part-time vacancies (they should look at whether your own job could be done part time or as a job-share);
the job is too senior (the law applies to all women, no matter how senior);
last-minute overtime is an essential part of the job (your employer should consider setting up a job-share, or an 'on call' rota);
it is too expensive (costs are not usually any higher for part-timers);
continuity is crucial (there are usually practical ways around this, like keeping good records and ways of communicating).

An employer probably would be justified in refusing flexible work if there were good business reasons and there was no alternative solution (e.g. if particular opening hours are necessary for business).

What do I do next?

You should sit down and discuss flexible working with your boss, someone from the personnel department and/or your union representative. If you are on maternity leave, you can write. You can look at the work you do now and consider how it could be done differently. If your employer agrees, they can't demote you, they must let you do the same job as before. You should be paid the same hourly rate as full-time staff and have the same contractual benefits such as holidays (but pro rata).

If you start to work part time, you do not have the right to go back to full-time work later on, unless you have negotiated this with your employer.

If your employer refuses to let you work part time you can take your case to an Employment Tribunal (Industrial Tribunal). You must apply for this within three months of your employer refusing your request to work part time.