9 Welfare benefits
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4. If you are having a baby or adopting a child
If you have a job, you may get Statutory Maternity Pay (SMP) or Statutory Adoption Pay (SAP) from your employer. These benefits are the minimum amount that an employer must pay you while you are off work having a baby or when you have just adopted a child. Whether you can get these benefits depends on how much you earn and how long you have been working.
SMP or SAP is paid for 39 weeks.
If you do not qualify for SMP, you may be able to claim Maternity Allowance instead from the Department for Work and Pensions.
You may be able to claim Statutory Paternity Pay for up to two weeks' paternity leave if:
- you are the father of a new baby and you will have some responsibility for raising the child; or
- your partner (including a same-sex partner) has recently given birth or adopted a baby, and you will both be responsible for raising the child.
Whether or not you can receive Statutory Paternity Pay depends on:
- your earnings; and
- how long you have been working.
If you are not the biological father of the child, you can get Statutory Paternity Pay only if you live with the mother or adopter and the child.
For more information about what you may be able to receive from your employer if you are having a baby or adopting, see the Community Legal Advice leaflet, 'Employment'.
If you are having a baby, you can get free prescriptions and dental treatment while you are pregnant and for a year after your baby is born. If you are on a low income and getting certain benefits or tax credits, you may also qualify for a lump-sum (one-off) payment called a Sure Start Maternity Grant. You must claim this within the three months after your child is born, though in some cases you can claim before you give birth. You can also claim for an adopted child who is less than a year old, but you must claim within three months of the adoption order.
5. If you have children to look after
7. If you are ill and can´t work
9. If you are just starting work
10. If you have retired or are about to retire
11. If your husband, wife or civil partner dies
13. What must I do when I claim?
14. What if I disagree with a decision about my claim?
15. What if I´ve been badly treated?
This leaflet is published by the Legal Services Commission (LSC). It was written in association with Rachel Hadwen, a specialist in welfare rights.
Leaflet Version: June 2008
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