Maternity and parental rights if you are self-employed

 

February 2026

 

If you are self-employed you do not have as many rights as employees but you may be protected against discrimination and be entitled to Maternity Allowance and other family benefits.

This information has been written by our team of specialist lawyers and advisers. It has not been generated by AI.

This information sheet covers the following rights for self-employed parents and parents-to-be:

 

Employment status

You are usually considered to be self-employed if you run your own business, you invoice for work done and you pay your own tax and Class 2 National Insurance contributions through a self-assessment tax return or, from April 2026, through the ‘Making Tax Digital’ system: https://www.gov.uk/government/collections/making-tax-digital-for-income-tax

It is important to register as self-employed as soon as possible as it can affect your entitlement to some benefits. If you are not sure if you are self-employed, you can find more information here: www.gov.uk/working-for-yourself

If you are classed as ‘self-employed’ or an ‘independent contractor’ but have worked for the same employer for a continuous period and follow their rules e.g. on uniform and time-keeping, you may be a worker or employee and would be entitled to rights such as sick pay and holiday pay. You should get specialist advice on your employment status if you think you are being wrongly classed as self-employed.

If you work through an agency or work under a zero hours contract, you are more likely to be classed as a worker, or an employee. Workers and employees have more rights during pregnancy and maternity leave, see our specialist information sheets here: https://maternityaction.org.uk/your-rights-at-work/

If you have set up your own company and you pay yourself a salary (with tax and Class 1 National Insurance contributions deducted at source) or dividends, you may be a Director or employee of your own company rather than self-employed. If you are employed by your own company, you can pay yourself Statutory Maternity Pay (SMP) if you meet the normal qualifying conditions. If you do not meet the qualifying conditions for SMP, you can claim Maternity Allowance on the basis of your employment (see below). For more information on SMP, see: Maternity Pay Questions.  You can contact HMRC for more information on paying yourself SMP and you can get advance funding from HMRC to cover the cost of your SMP if necessary. For more information on advance payments of SMP see: www.gov.uk/recover-statutory-payments/if-you-cant-afford-to-make-payments

 

Rights during pregnancy

Do I have any health and safety protection if I’m self-employed?

All employers have a legal duty to carry out a workplace risk assessment and assess the risks to anyone affected by their business, including employees, self-employed contractors and members of the public. As a self-employed person you should also carry out a risk assessment of the risks to your own health and safety and the risks to others as a result of your work. If the work is likely to involve risks to new or expectant mothers, you and the employer (the person or organisation you are doing some work for) must also assess those risks.

Employers must take reasonable action to remove or reduce any risks and should keep the risk assessment under review. If you are self-employed you do not have the same rights as employees to be offered suitable alternative work or to be suspended on full pay.

If an employer has not taken any action and you are concerned about your health and safety during pregnancy you should talk to the employer informally at first and set out what action you would like them to take. You could also talk to the Safety Representative or Occupational Health Officer, if there is one, for help and advice.

If you are unable to resolve it informally you could write to the employer. It may help to give them a letter from your GP or midwife and some information on their health and safety obligations, such as a copy of this leaflet, or information from the Health and Safety Executive: www.hse.gov.uk/mothers

If necessary, you can make a complaint to your local authority Environmental Health Officer or Health and Safety Executive (depending on the workplace). Your local authority Environmental Health Officer deals with smaller workplaces such as shops, offices, restaurants, pubs and nurseries. The Health and Safety Executive investigates complaints relating to larger workplaces such as hospitals, schools, factories, farms and government offices.

If you or your baby suffers harm as a result of the employer’s failure to take action you can make a claim for personal injury and you should seek legal advice from a personal injury lawyer.

Am I entitled to maternity leave?

Only employees are entitled to maternity leave which is the right to take up to 52 weeks off work and return to the same job. If you are self-employed you are not able to take maternity leave but you can still claim Maternity Allowance for up to 39 weeks (see below) in order to be able to take time off work when you have a baby.

I have an employed and self-employed job. What are my rights?

You are entitled to maternity leave in your employed job and you should give your employer notice of when you want to start your maternity leave when you are 25 weeks’ pregnant. Your employer should work out whether you can get Statutory Maternity Pay (SMP). Unfortunately you cannot claim Maternity Allowance from your self-employment as well as SMP for an employed job. You can only claim Maternity Allowance if you are not entitled to any SMP.

For more information on your rights as an employee, see our information sheet Pregnant at work 2026

If you do not qualify for SMP from your employed job, you can claim Maternity Allowance instead. Your Maternity Allowance claim can be based on your employed or self-employed work or a mixture of the two if needed to satisfy the qualifying conditions.

I have an employed and self-employed job. Can I continue my self-employed work while I am receiving SMP from my employer?

Yes, you can do voluntary work or self-employment (that is not subject to class 1 national insurance contributions) and still get SMP from an employer. This means you can do self-employed work both before and after the birth and continue to be paid SMP by another employer.

Can I be refused work because of my pregnancy or time off after childbirth?

The law says that it is pregnancy discrimination to treat a woman unfavourably on the grounds of her pregnancy or because she wants to take or has taken maternity leave (Equality Act 2010 s.18). To show discrimination a woman does not have to compare herself to how a man might have been treated but she needs to show that the treatment was because of her pregnancy.

Unfavourable treatment could include refusal of work, training, attendance at meetings with certain clients or other unfair treatment because of your pregnancy, pregnancy-related absence or illness, or for taking time off after childbirth.

All employees, casual workers, agency workers and contract workers are protected against pregnancy and maternity discrimination at work under the Equality Act. This applies from day one of your employment.

Contract workers are often self-employed (and pay their own tax and NI) but are covered by the Equality Act as ‘workers’ who are employed under a contract to personally carry out a specific piece of work. This is likely to include work as a ‘freelancer’ or ‘independent contractor’.

If you think you have been discriminated against you should seek specialist legal advice. You must make a tribunal claim within three months (less one day) from the date that you were discriminated against. If you are thinking of taking a tribunal claim, you must contact ACAS Early Conciliation on 0300 123 11 00 before starting a claim.

The Equality Act also protects you against refusal of goods, facilities, services and education on the grounds of pregnancy and for 6 months after childbirth. After 6 months, unfair treatment may be sex discrimination. If you are discriminated against, you should seek specialist advice.

 

Maternity Allowance

Can I get Maternity Allowance?

You can claim MA if you are registered as self-employed and you are not eligible for Statutory Maternity Pay in respect of any other employed jobs that you might have. You will be eligible if:

1. You have been self-employed for at least 26 weeks out of the 66 weeks before your expected week of childbirth. The 26 weeks do not have to be in a row or in the same kind of work. You can also include any weeks of work in an employed job.
2. You have paid (or are treated as having paid) at least 13 weeks’ Class 2 National Insurance contributions in the 66 weeks before your expected week of childbirth, see below for more information. If you also have an employed job, you can include weeks of earnings from your employment, but you may be better off by claiming the full-rate of MA on the basis of your self-employed National Insurance contributions, see below.

Working for all or part of a week or working an irregular pattern can still count as weeks of self-employment as long as you remain ‘gainfully’ self-employed throughout this period and have not ceased trading. You don’t have to be physically working to count as employed or self-employed, you can count weeks in which you were unable to work because of sickness or you were taking maternity leave for a previous pregnancy. 

Maternity Allowance is not means-tested. Your household income or partner’s earnings will not be taken into account.

If you cannot meet the qualifying conditions for MA on the basis of your self-employment, you may be able to claim it if you have done some employed work or you help your spouse or civil partner in their business. You can find more information on maternity pay on our website here: https://maternityaction.org.uk/advice/maternity-pay-questions/

How do I claim MA?

You need to complete form MA1 to claim Maternity Allowance. You can get a claim form by phoning the Department for Work and Pensions (DWP) claim line on 0800 055 6688. You can also find the claim form online here, along with notes on how to complete it: www.gov.uk/government/publications/maternity-allowance-claim-form

You will need to send your MATB1 maternity certificate to claim MA. You should keep a copy. You do not need to provide proof of earnings if you are self-employed.

If you are not sure if you will get MA, you should make a claim and the Department for Work and Pensions will work out whether you qualify. 

If you are not entitled to MA, the Department for Work and Pensions must automatically use the same claim form to check whether you can get Employment and Support Allowance (Maternity) which is paid for 6 weeks before your baby is due until 14 days after the birth. If you do not get a letter from DWP to confirm whether you have qualified for Employment and Support Allowance (Maternity) you should telephone MA Claims on 0800 169 0283 and ask them to assess your claim for ESA. For more information on ESA (Maternity) see: https://maternityaction.org.uk/advice/maternity-pay-questions/

What if I have not yet registered as self-employed?

You must be registered as self-employed with HMRC to claim MA. If you have not yet registered as self-employed you should do so as soon as possible, HMRC can accept late registration: www.gov.uk/log-in-file-self-assessment-tax-return/register-if-youre-self-employed 

If you have not been registered as self-employed for at least 26 weeks by the expected week of childbirth you may still be eligible for MA if you can show that you have been working on a self-employed basis. 

If you are refused MA because you registered late you should write back to DWP with evidence of when you started working as self-employed. You can appeal a refusal of MA and you should seek further advice from Maternity Action. 

How much is MA if I am self-employed?

MA is paid for up to 39 weeks. You do not have to prove your actual earnings from self-employment when claiming Maternity Allowance. DWP will treat you as earning a certain amount based on whether or not you have paid at least 13 weeks’ Class 2 National Insurance (NI) contributions in your 66 week test period. If you are self-employed, the amount of MA you can get will be either £194.32 or £27 per week.

• if you have paid (or are treated as having paid) at least 13 weeks’ Class 2 NI contributions in your 66 week test period, you are treated as having earnings equal to the maximum amount of MA and will be entitled to MA of £194.32 per week (April 2026 – April 2027).
• if you have not paid (or are not treated as having paid) at least 13 weeks’ Class 2 NI contributions in your 66 week test period, you are treated as having earnings of £30 a week and you will be entitled to MA of £27 per week. You can send payslips from any other employed jobs to ‘top up’ your average earnings or you may be better off paying Class 2 NI contributions voluntarily to qualify for the full rate of MA, see below.

How can I be treated as having paid Class 2 NI contributions?

From 6 April 2024, there is no longer any requirement for self-employed people to pay class 2 contributions if their yearly earnings are above a certain threshold, however, Class 2 NI contributions are still used for deciding entitlement to benefits such as Maternity Allowance. 

• From April 2024, if your annual profits are at or above the small profits threshold you will be charged Class 2 NICs at a zero rate and they will be ‘treated as paid’. 
• If your self-employed profits are less than the small profits threshold you can choose to pay Class 2 NI contributions voluntarily. 

The small profits threshold is £6,845 (2025/26) and £7,105 (2026/27).

You can find the thresholds for previous years on gov.uk here: https://www.gov.uk/government/publications/rates-and-allowances-national-insurance-contributions/rates-and-allowances-national-insurance-contributions

What to do when claiming MA before the end of the tax year

Your annual taxable profits are calculated after the end of each tax year through self-assessment. This means the question of whether you can be treated as having paid class 2 contributions for weeks of self-employment in a tax year is usually not decided until well after the end of the tax year. It is advisable to pay 13 weeks’ Class 2 NI contributions voluntarily in order to qualify for the full rate of MA. If you are signed up to the Making Tax Digital system (from April 2026) it may be decided earlier that you can be treated as having paid class 2 contributions: https://www.gov.uk/government/collections/making-tax-digital-for-income-tax

After you have claimed MA you normally get a letter from HMRC telling you the amount to pay and how to pay it. If you then find that the amount of your taxable profits means you meet the condition for being treated as having paid class 2 contributions without needing to have paid them, you can apply for a refund, but you will need to apply by 31 January after the end of the tax year.
 
If your annual earnings are likely to be below the small profits threshold, you will not be treated as having paid Class 2 NI and you will need to pay 13 weeks’ Class 2 NI contributions voluntarily to qualify for MA at the full rate.

How can I pay NI contributions voluntarily?

After you have claimed MA you normally get a letter from HMRC telling you the amount to pay and how to pay it. If not, you can contact HMRC or pay your Class 2 contributions online here: https://www.gov.uk/voluntary-national-insurance-contributions

The weekly rate of a Class 2 NI contribution is currently £3.65 (April 2026 – April 2027). You will need to pay at least 13 weeks’ Class 2 NI contributions in your 66 week test period to qualify for the full rate of MA. You may be able to get a refund of the voluntary contributions as above.

HMRC will notify DWP once you have made the payment and you will be entitled to full rate Maternity Allowance. If your MA has been paid at the lower rate of £27 per week you are entitled to backdated payments of the full rate once you have paid your Class 2 NICs.  

When should I claim MA?

You can claim MA once you are at least 26 weeks’ pregnant. 

If you have not yet completed 26 weeks of self-employment in the 66 weeks before your baby is due you will need to send in your claim form once you have met the qualifying conditions. 

MA can only be backdated for three months so if you claim late you may lose some or all of your MA.  

When does my MA start?

It is up to you to decide when you wish to stop work and to start your MA period. You can state the date you intend to stop work on your MA claim form. You cannot ask to start your MA period on a date after the birth.

However, MA will start automatically in the following circumstances:

• If you give birth before the date you intended to stop work, your MA period will start the day after the birth and you should notify MA Claims on 0800 169 0283.
• If you are no longer self-employed (if you have ceased trading) and are not doing any employed work either by the 11th week before your baby is due (when you are 29 weeks pregnant), your MA period will start in the 11th week before your baby is due.

I have recently returned to the UK after working abroad, can I count weeks of self-employment abroad to qualify for MA?

You can count weeks of employment and self-employment in an EU/EEA country. If you were working for a country outside the EU/EEA you may be able to count weeks of work under social security agreements with some countries. You can get more information on work abroad from:

International Pension Centre on 0191 206 9390 or by the online contact form:

https://secure.dwp.gov.uk/contact-the-international-pension-centre/contact-form

See: https://www.gov.uk/international-pension-centre

You can include periods of work abroad in the MA1 claim form (see page 14): www.gov.uk/government/publications/maternity-allowance-claim-form

Can I get MA if my baby is premature?

You are still entitled to MA if you meet the normal qualifying conditions and your baby is born prematurely. Your MA period will start from the day after the birth and you should notify MA Claims on 0800 169 0283 that you have given birth early.

Your 66 week test period does not change if your baby is born early so it will still be based on the date your baby was due. This will be taken as the date on your MATB1 maternity certificate. However, you will still need to have completed at least 26 weeks of employment or self-employment prior to the birth of your baby.

Can I get MA if my baby is stillborn?

You are still entitled to MA if your baby is stillborn after the end of the 24^th week of pregnancy and you meet the normal qualifying conditions for MA.

The date that you delivered your baby is treated as the date of the stillbirth, even if your baby died earlier in the pregnancy.

You should ask your midwife for a certificate of stillbirth or registration document to send in with your MA claim. You will also need to send in a MATB1 maternity certificate confirming your due date.

Will I lose Maternity Allowance if I work for more than ten days during my MA period?

You are entitled to work for up to ten days without losing Maternity Allowance. This includes employed or self-employed work. These are called ‘Keeping-in-touch’ or ‘KIT days’.

It is important to keep a record of the days that you worked. If you are unable to provide a record of days worked, DWP will make an estimate.

If you work for more than ten KIT days you will be disqualified from all or part of your weekly MA payments depending on how much work you are doing. You will be disqualified for at least the number of days you have worked in excess of ten. Note: even if you only work for part of a day it will be treated as a full day of work.

If you have returned to your old working pattern you are likely to be disqualified from the rest of your Maternity Allowance unless you stop work again. This will be assessed by MA Claims in relation to the amount of work you are doing. The decision-maker should look at the circumstances of each case, see examples below.

You should notify MA Claims on 0800 169 0283 of any days of work during your MA period.

 

 

If you disagree with a decision on KIT days you should ask for a mandatory reconsideration (review) of the decision, giving the examples from section 62596 of the Maternity Benefits guidance above, and seek further advice.

What sort of work counts for a KIT day? Will it count as ‘work’ if I answer a few emails or update my website?

Government guidance on working during your MA period says:

Any work you do as a KIT day, even for as little as half an hour, for example, will count as a whole day for KIT days.

You should count any work that you normally do in the course of your job for the purposes of work during a KIT day. This includes work that you do from your own home. If possible it is a good idea to arrange to do as much work as possible in one day rather than spreading it over several days. In that way you won’t use up too many KIT days when you are only doing an hour or two of work.

It is also important to keep a record of the days that you worked. If you are unable to provide a record of days worked, DWP will make an estimate.

If someone else is going to cover your work or your business will continue to receive income while you are off work, this does not count as your work. You should keep good records in case you are asked but you only need to report the days when you did some work during your MA period.

Guidance from the DWP (see question above) says that the following minimal maintenance and admin tasks that will enable you to keep your business going and return to work do not count towards the ten KIT days providing you do not receive direct payment for the work:

• Carrying out necessary administration.
• Accepting work which is due to start after your return to work and after your MA ends.
• Carrying out essential maintenance to your website or equipment.
• Responding to correspondence requesting information as long as it does not relate to work to be carried out before your return to work and before your MA ends.
• Keeping essential formal qualifications and licenses up-to-date.
• Keeping skills at an acceptable level. This should not include formal paid-for training.
• Preparing for work arranged before your MA period starts but to be carried out after your return to work and after your MA ends.

(See Appendix 1, page 47 of the DMG Chapter 62: Maternity Benefits, linked above)

Once you have worked for more than ten days you will be disqualified from receiving Maternity Allowance but a decision-maker at the DWP will decide what period of disqualification is reasonable depending on the number of days you have worked, see question above.

Note: if you do not notify MA Claims that you intend to return to work early or the DWP decides that you are disqualified from receiving the rest of your Maternity Allowance, you may end up with an overpayment.

I returned to work early and stopped receiving Maternity Allowance but now need to take some more time off, can I go back onto Maternity Allowance?

Once your Maternity Allowance period has started, it continues to run in the background for up to 39 weeks even if you return to work early and stop receiving it. You are entitled to claim Maternity Allowance for any full week in which you are absent from work during the Maternity Allowance period.

If you are not well enough to work or you need more time off with your baby within the 39 week pay period you are entitled to be paid Maternity Allowance and you should contact MA Claims on 0800 169 0283 and ask to restart your Maternity Allowance payments.

If your request is refused, you should ask for a mandatory reconsideration (review) of the decision to disqualify you from MA and seek further advice.

Note: if you returned to work before the end of your Maternity Allowance period, your partner may be able to use any untaken Maternity Allowance as shared parental leave/pay if s/he is employed, see below.

If I receive payments for work done before I started my Maternity Allowance, will it affect my MA?

No, any payments received during your Maternity Allowance period for work done or goods sold before you started your leave will not affect your Maternity Allowance. DWP only require you to report days on which you did some work during your MA period.

Can I claim Maternity Allowance if I arrange cover while I take time off?

Yes, you can claim Maternity Allowance if you meet the qualifying conditions above and you take time off during the 39 week MA period. You can work for up to ten days during your MA period without losing your MA. If you work more than ten days you can be disqualified as set out above. Note also that certain minimal administrative and maintenance tasks are ignored as work.

If you have arranged for someone else to carry out the work during your MA period in order to keep your business going, this will not affect your MA claim. You only need to report the days on which you do some work. You should keep a record of your working days in case you need to provide evidence and/or ask the person covering your work to keep records of their working days.

What can I do if I am refused or disqualified from Maternity Allowance?

If you want to challenge a decision about your Maternity Allowance you can ask for a Mandatory Reconsideration (review) within 28 days of the decision, or as soon as possible. You can apply for a review of a Maternity Allowance decision up to 13 months after the decision if you have good reasons for applying late. For more information, see: www.gov.uk/mandatory-reconsideration

If Maternity Allowance is still refused you can appeal. In limited situations it may be possible to challenge Maternity Allowance decisions even later than 13 months, for example, if an incorrect Maternity Allowance decision was caused by ‘official error’. You can get further advice from Maternity Action, see Where to go for more help.

 

Rights for self-employed fathers and partners

Are there any rights to paid time off for self-employed fathers-to-be?

As with maternity rights, only employees can take paternity leave/pay and shared parental leave/pay. For more information on time off and pay for fathers and partners who are employees, see https://maternityaction.org.uk/fathers-and-partners/

There is no equivalent to Maternity Allowance for self-employed fathers and partners who want to take time off. It is also not currently possible for self-employed fathers and partners to take shared parental leave if the mother returns to work early and does not use all of her maternity leave, SMP or Maternity Allowance.

If your family income is reduced because you are taking unpaid time off to look after a new baby or child under 3, you may be able to claim Universal Credit or other benefits, see below.

 

Shared parental leave and pay

If the mother is self-employed and claiming Maternity Allowance, she is not entitled to take shared parental leave (SPL) or Statutory Shared Parental Pay (ShPP) but her employed partner may be entitled to paternity leave and/or shared parental leave.

Fathers or partners who are self-employed are also not able to take SPL/ShPP so if both parents are self-employed, the mother can claim Maternity Allowance but cannot transfer any of it to her partner.

I am self-employed and entitled to claim Maternity Allowance. Can my employed partner take shared parental leave?

Yes, your partner can take shared parental leave if s/he is employed and meets the qualifying conditions and you curtail (reduce) your Maternity Allowance period. For more information on how to qualify for SPL if you are an employee, see: Shared parental leave and pay.

You must claim your Maternity Allowance on time and give at least 8 weeks’ notice to the Department for Work and Pensions to curtail your MA period.

The MA period will start from the date that you stop work or from the day after the birth, whichever is the earliest. You can work up to the birth if you wish and the MA period would start the day after your baby is born. You must claim MA within three months from the start of the MA period, otherwise you will lose some or all of it. The time limit is strict and Department for Work and Pensions do not allow late claims under any circumstances.

Example 1, Eva is self-employed and wants to take eight months off work. Her employed partner wants to take one month off work when Eva returns to her business. Eva can claim MA as a self-employed woman for up to 39 weeks. She must give at least 8 weeks’ notice to curtail (reduce) her MA period by 4 weeks (39 – 4 = 35 weeks). Her MA will end after 35 weeks. Her partner will have 4 weeks’ shared parental leave and Statutory Shared Parental Pay (unless her partner’s employer offers better contractual provisions). Her partner must also give at least 8 weeks’ notice to take SPL/ShPP.

Example 2, Melissa is self-employed and takes two weeks off work before the birth and four weeks after the birth. Her employed partner takes the remaining 33 weeks as shared parental leave and pay (39 – 6 weeks = 33 weeks). Her MA will end after 6 weeks. Melissa must claim MA within three months from the start of her MA period or she will lose it. She must also give notice to the JobCentre Plus that she wishes to reduce (curtail) her MA period by 33 weeks.

I am self-employed and my partner is employed. His employer provides well paid shared parental leave. Do I have to give up some of my Maternity Allowance?

Yes, unfortunately your partner can only take shared parental leave and/or pay if you reduce your MA. Shared parental leave did not create any new rights for parents but gave mothers the choice to transfer any unused maternity leave and pay to their partner. You and your partner cannot have more than 39 weeks of pay between you, including any Maternity Allowance and Statutory Shared Parental Pay. Any other shared parental leave would be unpaid leave unless the employer provides enhanced shared parental pay that is not dependent on him receiving Statutory Shared Parental Pay.

Entitlement to leave and pay are different and you need to work each one out separately. A mother who is self-employed is entitled to Maternity Allowance but not maternity leave. However, if your partner is an employee, your partner is entitled to 52 weeks’ shared parental leave, less any weeks of Maternity Allowance taken, and 39 weeks’ Statutory Shared Parental Pay, less any weeks of Maternity Allowance taken. The mother must take at least two weeks’ Maternity Allowance immediately after the birth.

Example, Father/mother’s partner is entitled to 6 months’ fully paid shared parental leave from his employer. The mother will need to curtail/reduce her MA by 26 weeks in order to transfer it to her partner. She will be entitled to MA for 13 weeks. Her partner will be entitled to up to 9 months shared parental leave (52 weeks less 13 weeks = 39 weeks) and 6 months’ Statutory Shared Parental Pay (39 weeks less 13 weeks = 26 weeks).

Your partner should check his/her entitlement to shared parental pay under his/her employer’s policy very carefully, as some policies have further restrictions on the pay available to the employee. You can get further advice from Maternity Action, see below.

In order to avoid an overpayment of MA, you must give at least 8 weeks’ notice to curtail your MA.

For more information about Shared Parental Leave and Pay, see: https://maternityaction.org.uk/advice/shared-parental-leave-and-pay/

I am self-employed and claiming MA. I had to go back to work for a few weeks but now need to take more time off to look after my baby. Can I go back onto MA?

Once your MA period has started, it continues to run in the background for up to 39 weeks even if you return to work early. See the rules above on working during the Maternity Allowance period. If you are not well enough to work or you need time off with your baby, you should contact the MA Claims on 0800 169 0283 and ask to restart your Maternity Allowance payments. You can only do this if you are still within your 39 week MA period. If your request is refused you should ask for a mandatory reconsideration (review) of the decision to disqualify you from MA and seek further advice.

Note: if you have reduced (curtailed) your Maternity Allowance period to enable your partner to take some shared parental leave this will have reduced your MA period.

Can I take shared parental leave and pay from my employed job and continue to do some self-employed work?

You can get SPL/ShPP from one employer (A) and do self-employed work or work for an employer (B) who is not liable to pay Class 1 NI contributions. However, you need to bear in mind that you can only take SPL from your employed job for the purpose of caring for your child so if you are doing other work you would need to show that you are still caring for your child during the period of leave from employer A.

 

Benefits for families

Are there any benefits I can claim when I have my baby?

Once you become responsible for a child you can claim Child Benefit- see: https://www.gov.uk/child-benefit. Families in receipt of Child Benefit will be subject to a high earner child benefit charge if one or more parent has an income over £60,000.

You may be able to claim Universal Credit if you are unemployed, on a low income or if your income drops during a period of leave, or if you have a relevant change of circumstances. For more information on Universal Credit, see: www.gov.uk/universal-credit  For an online calculator, see https://www.gov.uk/benefits-calculators  You can get advice from the Citizens Advice free Universal Credit Help to Claim service: England: 0800 144 8444, Wales: 0800 024 1220, Scotland: 0800 023 2581 and from Advice NI on 0800 915 4604.

If you or your partner are receiving Universal Credit you may be entitled to a Sure Start Maternity Grant (England, Wales, NI) for your first child or first multiple birth. Claim on form SF100 (Sure Start), available from Jobcentre Plus offices or online, from 11 weeks before the baby is due until 6 months after the birth- see: https://www.gov.uk/sure-start-maternity-grant

In Scotland, if you are receiving a means-tested benefit such as Universal Credit you may be able to claim the 3 Best Start Grants for your children – see: 

https://www.mygov.scot/best-start-grant-best-start-foods/best-start-apply

You may also be eligible for Best Start if you are under 20 years old and not receiving a relevant benefit. 

If you are not well enough to work you may be eligible for New-style (contribution-based) Employment Support Allowance: https://www.gov.uk/guidance/new-style-employment-and-support-allowance

For more information on benefits for families, see Money for Parents and Babies.

I am self-employed and my earnings vary a lot. How do I work out my income for benefits purposes?

Universal Credit claims

If you are applying for Universal Credit, you will be asked to show that self-employment is your main employment, your earnings count as self-employed earnings and that you can show that you are running a business that is expected to make a profit. 

If you are claiming Universal Credit, you will need to keep accurate business records, including receipts and invoices, and the DWP may ask to see evidence of your business income and expenses. You will need to report your self-employed income and permitted expenses on a monthly basis, even if you have nil income. You can read more about reporting self-employed earnings and expenses here: https://www.gov.uk/government/publications/universal-credit-and-self-employment-quick-guide/how-to-report-your-earnings-from-self-employment

Your Universal Credit may change each month depending on your earnings. If your self-employed earnings are less than what the DWP expects you should earn (based on a standard amount of 35 hours per week at national minimum wage, but it may be possible to negotiate fewer hours), you may be subject to the ‘minimum income floor’. This means that your UC will be calculated based on you receiving an assumed amount of (higher) earnings rather than your actual (lower) earnings. 

The minimum income floor does not apply if you are at least 29 weeks pregnant or you have had a baby in the last 15 weeks, or if you are the main carer of a child under 3. 

There are other circumstances in which the minimum income floor does not apply, including if you have been self-employed for less than a year or you are no longer ‘gainfully self-employed’, for example because you are temporarily too ill to work. If the minimum income floor does not apply to you, your Universal Credit will be based on your actual monthly earnings. 

If you are claiming Universal Credit during your Maternity Allowance period your Universal Credit will be reduced as your Maternity Allowance is taken into account in full as unearned income. 

 

This information sheet was produced in February 2026. It is very important to get up-to-date advice as law and guidance changes.

This guide is for information purposes only and should not be treated as legal advice. You are strongly advised to get personal legal advice about the individual circumstances of your case.

 

 

 

Where to go for more help

 

Maternity Action

For information on maternity and parental rights at work and benefits, see: www.maternityaction.org.uk.

Maternity Rights Advice Line – 0808 802 0029

For opening hours see: https://maternityaction.org.uk/advice-line.

 

ACAS

For advice on employment rights or for Early Conciliation if you are thinking of making a tribunal claim

www.acas.org.uk

Helpline: 0300 123 11 00 (offers telephone interpreting service)

 

Citizens Advice

For information about your rights see: www.citizensadvice.org.uk

You can telephone the national Citizens Advice phone service on 0800 144 8848

You can get help with Universal Credit claims through the free national Help to Claim service: England: 0800 144 8444, Wales: 08000 241 220, Scotland: 0800 023 2581

For more information on how to find your local Citizens Advice, see:

https://www.citizensadvice.org.uk/about-us/contact-us/contact-us/contact-us/

 

Civil Legal Advice

If you are eligible for legal aid you can get free legal advice on 0345 345 4 345 (offers translation service). To check your eligibility see www.gov.uk/civil-legal-advice

To search for specialist legal advisers or solicitors in your area see: https://find-legal-advice.justice.gov.uk/

 

Equality Advisory Support Service

Help and advice on discrimination and human rights www.equalityadvisoryservice.com

Helpline: 0808 800 0082 Mon – Fri 9am – 7pm, Sat 10am – 2pm

 Live chat and BSL interpretation also available

 

Equalities and Human Rights Commission (EHRC)

For information and advice about discrimination law www.equalityhumanrights.com

 

GOV.UK

The government’s online information service www.gov.uk

 

Jobcentre Plus

To make new telephone benefit claims or request claim forms, including Maternity Allowance and Sure Start Maternity Grant: 0800 055 6688 Mon – Fri 8am – 6pm

For Maternity Allowance claims: 0800 169 0283 Mon – Fri 8am – 6pm

For Sure Start Maternity Grant claims: 0800 169 0140 Mon – Fri 8am – 6pm/For Best Start Grant claims in Scotland: 0800 182 2222

Universal Credit helpline – for new claims and existing online claims: 0800 328 5644. Mon – Fri 8am – 6pm

For information about, and to make an online Universal Credit claim, see https://www.gov.uk/universal-credit

For information about, and to claim, new-style ESA, see: https://www.gov.uk/guidance/new-style-employment-and-support-allowance#how-to-apply

 

HM Revenue & Customs (HMRC)

Child Benefit: 0300 200 3100 Mon – Fri 8am-8pm, Sat 8am- 4pm

For queries about Statutory Maternity Pay, Adoption Pay, Paternity Pay and Shared Parental Pay and national insurance enquiries:

Employees helpline 0300 200 3500

Employers helpline 0300 200 3200

 

HMRC Statutory Payments Disputes Team

If you cannot resolve a dispute about your SMP, you can ask HMRC for a formal decision on your entitlement. You can also ask HMRC to pay your SMP if your employer has refused to pay, has dismissed you to avoid paying SMP or has gone into liquidation. This includes disputes about Statutory Maternity Pay/Adoption Pay/Paternity Pay/Shared Parental Pay/Parental Bereavement Pay or Statutory Sick Pay

See: https://www.gov.uk/guidance/statutory-pay-entitlement-how-to-deal-with-disagreements

Telephone: 0300 322 9422

You can also write to the Statutory Payments Disputes Team at HM Revenue and Customs, PT Operations, Statutory Payments Dispute Team, BX9 1AN.

 

Insolvency Service Helpline

You can currently only contact the Insolvency Service online.

For what you can claim if your employer goes out of business, see: https://www.gov.uk/your-rights-if-your-employer-is-insolvent

 

Law Centres Network

To find out if there is a Law Centre in your area telephone 020 3637 1330 or see: www.lawcentres.org.uk/

 

Turn2us

Online benefits calculator and grant search www.turn2us.org.uk

 

 

More Maternity Action information sheets

 

Rights during pregnancy

Pregnant at work 2026

Pregnancy Discrimination

Time off for antenatal care

Health and safety during pregnancy and return to work

Resigning from your job during pregnancy and maternity leave

Changing jobs or more than one job

Pregnant during maternity leave (when you are expecting again)

Premature births – rights to maternity leave and pay

Miscarriage stillbirth and neonatal death – rights to time off and pay

 

Maternity pay and benefits

Maternity Pay Questions

Money for Parents and Babies

                                  

Maternity and parental leave

Rights during maternity leave and return to work

Keeping in touch during leave

Shared Parental Leave and Pay

Time off for Working Parents

 

Asking to change your working hours or go part-time

Child friendly working hours

 

Redundancy, dismissal and discrimination

Pregnancy Discrimination

Rights during maternity leave and return to work

Redundancy during pregnancy, maternity and parental leave

Dealing with problems at work

 

Health and safety, breastfeeding and sickness

Sickness during pregnancy maternity leave and return to work

Health and safety during pregnancy and return to work

Postnatal depression and depression during pregnancy

Childbirth injuries – rights at work and benefits for new mothers

Breastfeeding on return to work

Breastfeeding while out and about

                                                    

Self-employed, agency and zero hours work

Maternity and parental rights for agency workers

Maternity and parental rights for self-employed parents

Changing jobs or more than one job

Zero hours contracts – maternity and parental rights

Apprentices – maternity and parental rights at work

 

Fathers and partners, including same sex partners

Rights at work for fathers and partners

Shared Parental Leave and Pay

Child friendly working hours

Time off for Working Parents

Dealing with problems at work

 

Adoption or surrogacy

Adoption leave and pay

Time off and pay for parents-surrogacy

Shared parental leave and pay – adoption

Money for Parents and Babies

 

Available at www.maternityaction.org.uk