SMP for persons subject to immigration control

[Jeff Albright]

I could not find any official information whether the Immigration Rules lay any restrictions on the eligibility to Statutory Maternity/Paternity Pay for persons who have Limited Leave to Remain in the UK and who have the right to work in the UK. The documents say that the requirements are only subject to the length of employment and NI contributions.

I have a feeling that whenever it comes to using the Government's money for people under immigration control, there is often a number of restrictions.

I would be grateful for the response from anyone who had any experience in claiming the SMP while on Limited Leave.

Thank you

JA.

[Chess]

I could not find any official information whether the Immigration Rules lay any restrictions on the eligibility to Statutory Maternity/Paternity Pay for persons who have Limited Leave to Remain in the UK and who have the right to work in the UK. The documents say that the requirements are only subject to the length of employment and NI contributions.

I have a feeling that whenever it comes to using the Government's money for people under immigration control, there is often a number of restrictions.

I would be grateful for the response from anyone who had any experience in claiming the SMP while on Limited Leave.

Thank you

JA.

SMP and parternity pay come under EMPLOYMENT law and not immigration.

For equittable treament of all employees, you are entitled to SMP/PP as a person with LTR.

It is like saying people with LTR are not entitled to time-off during bank holidays

[Jeff Albright]

SMP and parternity pay come under EMPLOYMENT law and not immigration.

Legislation is interconnected. SMP comes from the DWP's fund and for example, income support also comes from there. Persons under immigration control cannot claim income support, as a part of Public Funds. SMP also comes from the same Public Fund but it looks like it has not yet been included into "Public Funds" determination under the Immigration Rules. That's the reason why and not because these things are parts of different legislation.

It is like saying people with LTR are not entitled to time-off during bank holidays

I am afraid this is not a very good example because the paid time-off is the responsibility of the employer, which is regulated by laws, and paid by employers. While employers pay SMP as well, they get reimbursed from the public money later, hence the public funds are used.
That's why I asked this question.

Thanks.

[John]

The list of types of benefits included in the Public Funds definition in para 6 of the Immigration Rules is quite limited. No way is the Government trying to include all possible benefit types.

As SMP is not included, there is no problem in a person holding a visa with a "No recourse to Public Funds" restriction in claiming SMP.