I have a client who is employed and self employed. In the next few weeks she will be entering her SMP period. What I was wondering is, can she work in her self employed job whilst she's claiming SMP from her employer?
I know that you were able to because I actually set up my business whilst I was on the mat leave but that was four years ago, I know how legislation changes, I just wanted some guidance. I have checked through all the notes from the DWP but can't see that mentioned, maybe I've missed it somewhere.
I would have thought there was no connection between the two. If she qualifies for SMP from her employer then it does not matter what goes on in her self employment role. This would be different from MA.
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I agree with Peasie, the two are separate. SMP is a statutory payment paid by employers to employees. Maternity Allowance can be claimed by employees if they are not eligible for SMP or by self-employed women, but if they are claiming SMP as an employee they cannot also claim Maternity Allowance as a self-employed woman.
OK then, so basically she can still carry on with her self employment. When I was on maternity leave I set up my business bookkeeping, back then it was fine to do so as long as it was self employment and not entering another employment role.
She isn't claiming any maternity allowance for her self employment.
Thanks Rachel for the link. I scoured through that last night but couldn't find anywhere in it where self employment and employment are mentioned, I looked through twice, could you see it? I just put it down to it being late and myself having tired eyes.
