SMP rates and eligibility for 2026/27
Statutory Maternity Pay for 2026/27 is paid at two rates. For the first six weeks, the rate is 90% of the employee's average weekly earnings (AWE) — there is no cap on this element. For the remaining 33 weeks, SMP is paid at the lower of the flat rate (£194.32 per week for 2026/27) or 90% of AWE if that is lower. Total maximum SMP across the 39-week payment period is approximately £7,240, though the exact amount depends on the employee's AWE.
Average weekly earnings are calculated from the employee's earnings in the eight-week period ending the Saturday before the qualifying week. The qualifying week is typically the 15th week before the expected week of childbirth. This means AWE is based on gross pay including overtime, commission, bonus and statutory sick pay paid in that reference period. If earnings fluctuate significantly, the AWE calculation can produce an SMP figure quite different from the current weekly wage.
To be eligible for SMP, an employee must have been continuously employed for at least 26 weeks into the qualifying week, be earning at or above the lower earnings limit (£129 per week for 2026/27), and provide the correct form (MAT B1) signed by a midwife or doctor. Employees who do not qualify for SMP may qualify for Maternity Allowance paid directly by the Department for Work and Pensions.
How employers reclaim SMP from HMRC
SMP is funded by HMRC, not the employer. Employers advance SMP payments through their payroll and then reclaim the cost. Most employers can reclaim 92% of SMP paid — meaning they bear 8% as a permanent cost. Employers who qualify as small employers can reclaim 103% — recovering the full SMP cost plus an additional 3%, which is the Small Employers' Relief designed to cover administration costs.
Small Employers' Relief applies to employers whose total Class 1 NI liability — both employer and employee — in the qualifying tax year was £45,000 or less. If your total NI bill was below this threshold, you qualify for 103% recovery. Check the qualifying year figure in your payroll records each April. The threshold is based on liability, not on what you actually paid (Employment Allowance can reduce payment but not liability for this purpose).
Reclaim is processed through your payroll submissions to HMRC. You offset the reclaim amount against the employer NI and income tax you owe to HMRC in the same period, reported through the Employer Payment Summary (EPS). If the reclaim exceeds what is owed in that period, HMRC will issue a refund. Keep detailed records of SMP calculations, AWE working, and reclaim amounts for audit purposes — HMRC can query SMP reclaims up to three years after payment.
Employer obligations and practical payroll management
Employers cannot refuse to pay SMP to eligible employees — it is a statutory entitlement. If an employer cannot afford to advance SMP, they can apply to HMRC's SMP Funding request process to receive the money in advance. This provision exists for very small businesses and start-ups where cashflow would be severely impacted by a full quarter of SMP outlay before reclaim.
During the SMP period, the employee's contract of employment continues unless they have resigned or been fairly dismissed. Accrual of annual leave continues during ordinary and additional maternity leave. The employee retains all contractual rights except remuneration — which is replaced by SMP — unless their contract provides enhanced maternity pay above the statutory minimum.
Enhanced maternity pay — which some employers offer as a retention and recruitment tool — is paid in addition to or instead of SMP from the employer's own funds. If an employer pays full salary for the first 12 weeks of maternity leave, for example, the SMP element of that payment is reclaimed via HMRC but the enhancement above SMP is a pure employer cost. Make sure payroll distinguishes between the SMP component and any contractual enhancement for correct reclaim calculation.
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