SPM21020 - Statutory Maternity Pay (SMP) – Paying SMP

Time and manner of payment

SMP is a weekly payment so should normally be paid weekly when it becomes due, which is the last day (day 7) of the SMP pay week.

However, as SMP may start on any day of the week, the last day of the pay week may not be the day wages are normally paid so payment of SMP does not align with the normal pay roll pay frequency. In order to pay full weeks of SMP the payment of some weeks of SMP would be delayed until the next pay period.

For babies due on or after 1 April 2007 employers may choose to align the payments of SMP with the payroll by paying part-weeks of SMP at each end of the pay period. This is most likely to occur where an employee is paid calendar monthly

For example if the SMP pay week runs from Wednesday to Tuesday and wages are paid on the last Friday of the month, then SMP for the last Wednesday, Thursday and Friday of the month can be paid in advance at the end of pay period as 3/7 of a week. The SMP for the Saturday to Tuesday of that week is then paid at the beginning of the next month.

There is no daily rate of SMP so part-weeks should be calculated as follows. Either:

  • multiply the appropriate weekly rate by a multiple of a seventh eg 5/7 then round up any part pence, or
  • divide the appropriate weekly rate by 7, truncating the result to 5 places of decimals then multiply by the number of days in the part-week, rounding up any part pence.

Although the SMP may be paid as part-weeks, it is still a weekly payment so the manner of payment does not affect uprating or the final amount of SMP payable. If entitlement to the SMP is not confirmed at the end of the SMP pay week, that portion paid in advance is not SMP and is not recoverable.

The employee and employer may also agree between them for it to be paid as a lump sum. See SPM21030

SMP is subject to PAYE and NICs like all earnings, whether it is paid on the normal pay days or as a lump sum.

For SMP paid as part of a compensation or compromise agreement or settlement see SPM21040

The employer can use whatever means of payment they prefer - usually the same way they pay the employee’s earnings. However, payment cannot be made as:

  • a payment in kind
  • board and lodging, or
  • by way of service.