# Maternity pay



## hassan khan (Jun 22, 2012)

My wife work for Sainsbury. She is within this company from 2009 June. She changed her contract on last February from 12 hours to 16 hours. Recently we had baby. Our baby was due in june 15 but he born in April 24th. Now Sainsburys are saying my wife is not eligible for maternity pay. Though it wasn't our fault our baby born 2 months early and also I want to know can we apply for maternity allowance? We are in PSW visa category.


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## Crawford (Jan 23, 2011)

hassan khan said:


> My wife work for Sainsbury. She is within this company from 2009 June. She changed her contract on last February from 12 hours to 16 hours. Recently we had baby. Our baby was due in june 15 but he born in April 24th. Now Sainsburys are saying my wife is not eligible for maternity pay. Though it wasn't our fault our baby born 2 months early and also I want to know can we apply for maternity allowance? We are in PSW visa category.


Does you wife qualify for SMP? She is now only working 16 hours a weeks and prior to that she was only working 12 hours a week - she is obviously not full time.

The following website provides info as to who qualifies for SMP:

Statutory Maternity Pay : Directgov - Money, tax and benefits


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## Joppa (Sep 7, 2009)

The crucial test is whether your wife has been earning on average at the least equal to the lower earnings limit which applies on the Saturday at the end of your qualifying week, which is currently £107 a week. Has she been earning at least as much during the 26 weeks leading up to her confinement? It's the baby's due date that is used to work out your entitlement. Looks like Sainsbury's is saying that she hasn't been earning enough to qualify? Appeal against the decision if you like.
She may be eligible for maternity allowance. See http://www.direct.gov.uk/en/moneyta...ort/expectingorbringingupchildren/dg_10018869


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