SPM20145 - Statutory Maternity Pay
(SMP) – General Information
Effect of SMP on State Benefits
Employment and Support Allowance (ESA)
ESA is a new way of helping people with an illness or disability
to move into work. It has replaced Incapacity Benefit, Income
Support and Severe Disability Allowance, for new claimants only,
from 27 October 2008.
Prior to 27 October 2008
A woman is not to be regarded as available for work if she is in
receipt of SMP or MA and days within the MPP cannot be regarded as
days of incapacity for work except in certain circumstances. This
means that a woman cannot get JSA and cannot normally get
Incapacity Benefit (IB) for any days in her MPP. A woman may count
days towards the qualifying period for the higher rate of IB when
she is:
- sick
- receiving IB or SSP before her MPP, and
- submitting medical evidence throughout her
MPP.
This ensures that a woman whose incapacity continues into the
MPP does not suffer any delay in her entitlement to the higher rate
of IB. She will receive a “top-up” payment of IB
if:
- she becomes entitled to the higher rate of IB
during the MPP, and
- it is more than the amount of SMP.
Section 6(4) of the Jobseekers Act 1995
Section 8(4) of the Jobseekers (Northern Ireland) Order
1995
Regulation 15(c) of the Jobseekers Allowance Regulations
1996
Regulation 15© of the Jobseeker's Allowance
Regulations (Northern Ireland) 1996
Paragraphs 1 and 2 of schedule 13 to the SSCBA1992 and
SSCB(NI)A1992
Regulation 7A of the amended Social Security (Incapacity
Benefit) Regulations 1994
Regulation 21A of the SMP (General) Regulations (Northern
Ireland) 1987.
Regulation 80 The Employment and Support Allowance
Regulations 2008 (SI2008/794)
