Client could only satisfy employment and earnings condition for MA for a birth expected in July if a previous period on SMP for her last birth would count. Is it sufficient for her to have been employed and earned at least £30 pw through her SMP, or does she actually have to have "worked" ?

Thanks!

Just checking this for a client yesterday and was surprised at the answer (not something I would normally know!).

Reg.2(1)(e) MA (Earnings) Regs, 2000 (Sweet + Maxwell, Vol.1, p.608) specifies SMP as a payment that count as as earnings during the test period.

And S.35, SSCBA does not require 'work' - merely that you were 'engaged in employment' - I assume this means having a contract of employment, otherwise provisions counting SMP (and SSP) as earnings would be ineffective.

So the answer is 'yes', 26 weeks SMP during the test period, even without other work, would qualify your client for MA.

Richard Atkinson

Thanks for that - glad I didn't have to look it up myself!