Maternity Allowance as earnings - ILR?

DayDream · Post by **DayDream** » Mon Jun 25, 2012 11:28 am

Hi

My wife & I are on separate Tier1 visas and we would apply for ILR independently end of this year. Meanwhile, we are expecting our baby due in August and she will be taking her maternity leave from work end of this month.

She's joint director in our limited company and gets salary + dividends. But our accountant has adviced us that shes not eligible for SMP and she can only apply for MA.

Now can MA be included to her gross earnings while applying for ILR? Also I beleive claiming MA doesnt not break the rule "no recourse of public funds"?

She is and still will be 50% shareholder of the company during her break and Can she receive dividends during this period?

Any inputs will be really helpful.

Thanks

Post by **geriatrix** » Mon Jun 25, 2012 12:02 pm

Who will be paying this "Maternity Allowance"?

DayDream · Post by **DayDream** » Mon Jun 25, 2012 12:38 pm

Who will be paying this "Maternity Allowance"?

I thought this is a benefit paid weekly by Jobcentre Plus to pregnant women. So effectively this is not a cost to the company and I think this is paid to her by the government?

Please correct me if Im wrong.

Thanks

Post by **geriatrix** » Mon Jun 25, 2012 12:47 pm

Maternity allowance paid by Jobcentre Plus is a "benefit", not income or statutory pay.

DayDream · Post by **DayDream** » Mon Jun 25, 2012 1:11 pm

Maternity allowance paid by Jobcentre Plus is a "benefit", not income or statutory pay.

Thanks sushdmehta, please can you answer my other question as below?

She is and still will be 50% shareholder of the company during her break and Can she receive dividends during this period?

Thanks

Trickytok · Post by **Trickytok** » Mon Jun 25, 2012 1:23 pm

Maternity allowance is nt a public fund.. This is wt I read... Bt make sure wit an expert. I thinks u cn claim it bt just check it first..

DayDream · Post by **DayDream** » Mon Jun 25, 2012 1:43 pm

dozywalia wrote:Maternity allowance is nt a public fund.. This is wt I read... Bt make sure wit an expert. I thinks u cn claim it bt just check it first..

http://www.dwp.gov.uk/publications/spec ... owance-ma/

The link above frm DWP website gives complete information about MA and it explicitly mentions that it is not a public fund. But the doubt I had was whether this can be considered as income and sushdmehta has kindly clarified that MA is a benefit and not an income.

Still looking for answers regarding the dividend query?

Thanks for the help.

Post by **geriatrix** » Mon Jun 25, 2012 1:51 pm

I never said that it is a "public fund". I said that it is a "benefit".
You assumed that it is so.

DayDream · Post by **DayDream** » Mon Jun 25, 2012 2:02 pm

sushdmehta wrote:I never said that it is a "public fund". I said that it is a "benefit".
You assumed that it is so.

sushdmehta has kindly clarified that MA is a benefit and not an income.

I thought, I said the above in my previous post ? I never quoted you saying that it is a public fund, all I said was you clarified that it is a benefit and not income. Apologies if there was any confusion!

Please can you help me out regarding the dividends?

Post by **geriatrix** » Mon Jun 25, 2012 2:30 pm

I cannot answer the question, but can inform you that there is a concession for applicants who have been away from workplace on account of maternity related absence. Read the settlement policy guidance for details.

DayDream · Post by **DayDream** » Mon Jun 25, 2012 2:54 pm

sushdmehta wrote:I cannot answer the question, but can inform you that there is a concession for applicants who have been away from workplace on account of maternity related absence. Read the settlement policy guidance for details.

Thanks for your help.

Immigrationboards.com: Immigration, work visa and work permit discussion board

Maternity Allowance as earnings - ILR?

Maternity Allowance as earnings - ILR?