Maternity Allowance and Childcare costs

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  • #45773

    I would be grateful if someone could give me the right answer on a case I have.

    the claimant was working full time for past 2 years, and when she became pregnant, her work said that they don't pay maternity pay, so she had to claim ESA for 4 weeks before maternity allowance started.

    my question is – do we still treat the clmt as being in remunerative work for 39 weeks because she is on maternity leave and receiving maternity allowance, or does the 4 week gap where she claimed ESA, stop her from receiving the 39 weeks protection, as she was not "in employment" at the date her maternity allowance started.

    is there any discretion here??


    wouldn’t it come under HB 28 (2)-(4) for period of esa? and then under the 39 weeks from when mat leave commences?


    thanks, silly me, never thought to check that – that would allow me to give her the child care disregards again.


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