SMP eligibility

Edited by Oliver Wakefield-Smith, Founder of Digital Signet. Last reviewed 23 June 2026.

Direct answer

The two tests, plainly

You qualify for SMP if (1) you have been continuously employed by the same employer for at least 26 weeks ending with the qualifying week (the 15th week before your expected week of childbirth) and (2) your average weekly earnings in the 8 weeks before the qualifying week are at least 125 per week. You also have to give your employer 28 days notice in writing and produce a MATB1.

Test 1: continuous employment

You must have worked for the same employer continuously for at least 26 weeks ending with the qualifying week. Continuous means a contract of employment, not unbroken work patterns. A normal week of annual leave or sickness does not break continuity.

Test 2: average weekly earnings

Your AWE in the relevant 8-week period must be at least the Lower Earnings Limit of 125 per week for 2026/27. AWE is calculated under regulation 21 of the SMP General Regulations 1986. See the dedicated AWE page for monthly-paid, four-weekly and fluctuating-pay treatments.

Test 3: notice and evidence

You must give your employer 28 days notice in writing of when you want SMP to start, and produce a MATB1 maternity certificate, no later than 21 days after SMP begins.

If your employer refuses

Your employer must give you a form SMP1 within 7 days of deciding you do not qualify. The SMP1 explains why, and you can use it to claim Maternity Allowance from the DWP if you meet the MA criteria.