🤱 Can I claim Statutory Maternity Pay?

With conditions

Quick answer

If you meet the employment and earnings tests, yes — otherwise you may get Maternity Allowance instead. The basis is the Social Security Contributions and Benefits Act 1992. To get Statutory Maternity Pay (SMP) you must have been continuously employed by the same employer for at least 26 weeks up to and into the "qualifying week" (15 weeks before the due date), and earn at least the Lower Earnings Limit — £129 a week (2026/27). SMP is paid for up to 39 weeks: the first 6 weeks at 90% of your average weekly earnings (no cap), then 33 weeks at the lower of 90% or the standard rate, £194.32 a week (2026/27). You give notice and an MATB1 certificate at least 28 days before it starts. If you don't qualify, claim Maternity Allowance from the DWP. In short: yes if you meet the tests; otherwise Maternity Allowance.

📋 The rules

26 weeks' continuous service by the qualifying week
Earn at least the Lower Earnings Limit (£129/week)
Paid up to 39 weeks
First 6 weeks at 90%, then 33 at £194.32 (or 90% if lower)
Give notice + MATB1 at least 28 days before

🔓 Exceptions

Don't qualify? Claim Maternity Allowance from the DWP
Redundancy does NOT remove SMP if you already qualified
Self-employed or below the LEL: Maternity Allowance route

⚠️ Penalties & fines

These are your rights, not penalties. The 2026/27 standard SMP rate is £194.32 a week (in force from 6 April 2026), and the Lower Earnings Limit is £129 a week. SMP runs for up to 39 weeks — 6 at 90% of pay, then 33 at the lower of 90% or £194.32 — paid through payroll (with tax and NI), and your employer reclaims most or all of it from HMRC. If you don't qualify, Maternity Allowance from the DWP is generally the same £194.32 a week (or 90% of earnings if lower) for up to 39 weeks. Beware a myth: "redundancy during pregnancy means I lose my maternity pay" is false — if you already qualified, your (ex-)employer must still pay your full SMP. If there's a dispute, contact HMRC's Statutory Payment Disputes Team. To claim: tell your employer, provide your MATB1 at least 28 days before, or claim Maternity Allowance if you don't qualify.

📎 Official sources

Last verified: 2026-06-20

❓ Frequently asked

Am I entitled to Statutory Maternity Pay?

You qualify for SMP if you've been continuously employed by the same employer for at least 26 weeks up to and into the 15th week before your due date, and you earn at least the Lower Earnings Limit of £129 a week. If you meet these tests, your employer must pay SMP. If not, you may be able to claim Maternity Allowance instead.

How much is Statutory Maternity Pay?

SMP is paid for up to 39 weeks. For the first 6 weeks, you get 90% of your average weekly earnings, with no cap. For the remaining 33 weeks, you get the lower of 90% of your earnings or the standard rate, which is £194.32 a week for 2026/27. It's paid through payroll, with tax and National Insurance deducted.

What if I don't qualify for SMP?

If you don't qualify for SMP — for example because you're self-employed, recently changed jobs, or earn below the Lower Earnings Limit — you may be able to claim Maternity Allowance from the Department for Work and Pensions. It's generally £194.32 a week, or 90% of your average earnings if lower, for up to 39 weeks.

Do I lose maternity pay if I'm made redundant?

No, not if you already qualified. If you were entitled to Statutory Maternity Pay before being made redundant, your employer, or former employer, must still pay your full SMP for the whole period. Redundancy doesn't remove the entitlement you've already earned, and pregnancy and maternity also bring extra protection against redundancy.

When do I have to tell my employer?

You must give your employer notice that you intend to take maternity leave and claim SMP, and provide your MATB1 maternity certificate, at least 28 days before you want the pay to start. The MATB1 is issued by your midwife or GP, usually after the 20-week scan, confirming your due date.

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