Change in Circumstances - working for an employer who is not liable for Statutory Payments
If the employee starts working for a new employer before the baby is born the original employer remains liable to pay SMP.
If an employee works for another employer after the baby is born but during the SMP pay period - whether or not she loses her entitlement to SMP will depend upon whether she was working for the other employer during the QW.
Employee works for another employer who did employ her in the QW
The liable employer remains liable to pay the SMP to an employee who works for another employer who did employ her in the QW
Employee works for someone who did not employ her during the QW
The liable employer is not liable to pay SMP for any weeks in which the employee does some work for the employer after confinement. If the employee does not work in any complete week whilst she is still employed by the non liable employer then the liable employer must pay SMP for any weeks when no work is done.
If the employee’s contract comes to an end with the non liable employer during the MPP, entitlement to SMP ends on the last day the employer works under that contract and cannot resume.
The liable employer must give the MAT B1 certificate back to the employee and provide them with the reasons why they are no longer liable to pay SMP (Form SMP1 (Why I cannot pay you SMP) can be used for this purpose) This is to enable her to claim MA if she ends her employment with the other employer and her MPP has not ended. The employer should take a copy of the MATB1 for their own records.
SAP is not payable for any week during any part of which the employee works for an employer on a day other than a KIT day.
However the employee is still entitled to get SAP from the liable employer while working for a non-liable employer where they:
- have more than one employer, or more than one job with an employer where the earnings are not aggregated for NICs purposes, and
- worked for both of them in the MW or ONW, but
- are not entitled to SAP from one or more of those employers.
Section 171ZN(3), (4) and (5) of SSCBA 1992.
Regulations 26 and 38 of the Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations 2002.
Regulation 16 of the Statutory Paternity Pay (Adoption) and Statutory Adoption Pay (Adoption from Overseas) Regulations 2003.
Section 167ZN (3), (4) and (5) of SSCB (NI) A 1992.
Regulations 26, and 38 of the Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations (Northern Ireland) 2002.
Regulation 16 of the Statutory Paternity Pay (Adoption) and Statutory Adoption Pay (Adoption from Overseas) Regulations (Northern Ireland) 2003.
Subject to SPLIT days ShPP is not payable for any week during any part of which the employee works for a liable employer.
However where an employee works only for an employer who is not liable to pay ShPP and worked for that employer in the Qualifying Week (QW), Matching Week(MW) or Official Notification Week (ONW), then the employee is still entitled to get ShPP from the liable employer while working for the non - liable employer.
Section 171ZY(4) of SSCBA 1992.
Regulations 12(1) of the Statutory Shared Parental Pay (General) Regulations 2014.