Statutory Maternity Pay and April 2011 uprating

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    guy
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    Has anyone had this issue or a dispute by the claimant over the amount of statutory maternity pay we used when they got their April entitlement letter. We used the DWP uprating circular A26/2010 (Revised) and increased all current claims where there was current statutory maternity pay by 3.1% CPI percentage. However we had a claimant call to say that her employer had not increased her SMP at April 2011. Is there a legal obligation to increase it placed on employers or should we not have assumed it? The circular quotes the up rated amount along with maternity allowance. Should we downrate her SMP if she can prove it did not change? Or does she need to speak to her employer?

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