Self-employed and Maternity Pay

I am expecting a baby in October and will be temporarily ceasing my sole trader business.  I need to know if I am entitled to any benefits such as statutory maternity pay, which I assume I am entitled to based on the fact that I have been paying regular National Insurance Contributions in respect of my business?

1st August 2009

To qualify for maternity leave and statutory maternity pay a woman must be an employee, ie. she must work under a contract of employment.  In the same way that individuals who are self-employed are not bound by statutory legislation on, for example, sick leave or holidays, any period of leave to cover the birth of a baby will be a matter of personal decision.

As a self-employed person you may, however, be able to claim maternity allowance (as opposed to the statutory maternity pay due to employees) to fund the period that you will not be working, assuming you satisfy the criteria outlined in the claim form.

You should contact your local TaxAssist accountant or local jobcentre plus office for further details, or alternatively visit the website

By Jo Nockels

Disclaimer: The information provided is based on current guidance (at date of publication) from HMRC and may be subject to change. Any advice shared here is intended to inform rather than advise. Taxpayer's circumstances do vary and if you feel that the information provided is beneficial it is important that you contact us before implementation. If you take, or do not take action as a result of reading this information, before receiving our written endorsement, we will accept no responsibility for any financial loss incurred.

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