Are homeworkers entitled to maternity pay?

You will be entitled to Statutory Maternity Pay (SMP) from your employer if they deduct tax and National Insurance from your pay, through PAYE, and you qualify under the following rules:

• you have worked for the same employer for at least 26 continuous weeks by the end of the 15th week before the week in which your baby is due (this is known as the ‘qualifying week’) and you are still working for this employer in the qualifying week (you do not have to work a full week for the week to count);
• and you earn at least the Lower Earnings Limit: that is, you have average earnings of at least £102 a week (before tax) in the 8 weeks (if weekly paid) or two months (if monthly paid) before the end of the qualifying week; and you stop work because of your pregnancy on or after the 11th week before the week in which your baby is due.

If you qualify for SMP you will receive maternity pay for 39 weeks and this will be paid at 90% of your average pay for the first 6 weeks and then at a flat rate for the remaining 33 weeks. The flat rate SMP is currently £128.73 per week (from April 2011).

If you do not qualify for SMP, you may be able to claim Maternity Allowance from your local Benefit Agency/ Department for Work and Pensions office.