Recourse to Public fund- Redundancy/ Maternity pay

[Mrs Khan]

I have a question to ask about particular situation

Due to the recent recession & credit crunch, HSMP holder, while on maternity leave from work is made redundant from work. HSMP holder has been paying national insurance & Tax while on job; so when she looses her job while on maternity leave, Is she entitle to Claim Statutory Maternity pay from Job Centre or will this to be considered as using Public Funds? Secondly can she drag the company to employment tribunal on the basis that she was made redundant while on maternity as the company didn't closed down but some percentage of people were made redundant & it looks like a discrimination!

I welcome your comments and expert opinion.

Thanks

[vinny]

Is she entitle to Claim Statutory Maternity pay from Job Centre or will this to be considered as using Public Funds?

Public funds do not include benefits that are based on National Insurance contributions. National Insurance is paid in the same way as income tax and is based on earnings. Benefits to which a person is entitled as a result of National Insurance contributions include:

* contribution-based jobseeker's allowance;
* incapacity benefit;
* retirement pension;
* widow's benefit and bereavement benefit;
* guardian's allowance; and
* statutory maternity pay.