Resigning and maternity allowance.

-Kelly-

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Basically, I've been messed around quite a lot by my employer during my pregnancy and I only work part time so don't earn enough for SMP. I sent off my forms and matb1 certificate to apply for general maternity leave over 2 weeks ago but they still haven't received it.

I'm worried if I keep waiting (I've asked for new copies of the forms to send off again, and asked if they can just send me the SMP1 form so I can apply for my maternity allowance in time, but I'm not holding my breath) that I'll end up working right until the end because of the 28 day notice period and won't get my claim for maternity allowance through in time.

I've got no intentions of going back to the job after my maternity leave ends, so if I resign now and use my holidays to cover the notice period will it affect my claim for maternity allowance at all? Because I've been employed for basically all the weeks in my test period will it be easier to put the claim through as an unemployed person so that I don't have to wait for my employers to sort out all these forms and give me my leave? Or will the job centre want to know why I've resigned so close to the end of my pregnancy?

Thanks for any help, sorry if that was too long!
 
Im not entirely sure on this one but I would recommend looking at the following website www.acas.org.uk they offer impartial advice on employment law, theres a helpline you can call im positive they will be able to explain what the law is around this and offer advice on where you stand.
 
This is a brilliant number to call... I had really complicated question too they were great:

0845 6088526
 
No it wont affect your claim but you have to tell the benefit agency when you want your maternity allowance paid from and you get 39 weeks pay from that date so if you resign so long as you've already met the criteria for the test period then it wont be a problem. For example you could leave your employer at say 36 weeks gone with a months pay and ask for your maternity allowance to start at 40 weeks. You're paid from the date you specify on your claim form.

It took my employers about a month to send me back my SMP1 but that was over xmas so ring them and mither then it took about another 2 weeks to hear from the benefits agency.
 

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