Introduction
Losing a child is one of the most heartbreaking experiences a parent can face, and during such a devastating time, it’s crucial to know your rights and the support available to you. This guide will help you understand parental bereavement pay, a financial benefit designed to assist parents in coping with their loss while taking necessary time off work. If you need help navigating this process, Contend’s highly trained AI legal experts are here to provide guidance and support, ensuring you receive the assistance you deserve. Discover how to claim this benefit and what to do if your employer denies your claim.
Losing a child is an unimaginable tragedy, and during such a difficult time, you may be entitled to support through parental bereavement pay. This financial assistance is designed to help parents cope with the loss of a child and take necessary time off work. Here’s what you need to know about your rights and how to claim this benefit.
Who is Eligible for Parental Bereavement Pay?
To qualify for parental bereavement pay, you need to meet a few criteria:
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Employment Status: You must be working for your employer and paying income tax and national insurance through the Pay As You Earn (PAYE) system. This is usually reflected in your payslip.
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Duration of Employment: You should have been employed with your current employer for at least 26 weeks before the week your child died or was stillborn.
- Average Earnings: Your average pay before tax must be at least £123 a week. This average is calculated based on your earnings over the 8 weeks leading up to the week of your child’s death.
If you meet these criteria, you may receive either £184.03 per week or 90% of your average weekly earnings (whichever amount is lower). Your employer will pay you this amount in the same way they usually pay your salary.
If you’re close to the £123 minimum, consider trying Contend’s legal expert chat for assistance in calculating your exact average pay.
How to Claim Parental Bereavement Pay
When you’re ready to claim parental bereavement pay, it’s important to inform your employer. Here are some steps to follow:
- Notify Your Employer: Try to give at least 28 days’ notice before you take your leave. If that’s not possible, inform them as soon as you can.
- Provide Written Notice: Send a written request to your employer stating your entitlement to parental bereavement pay. Include the following details:
- The date of your child’s death.
- The start and end dates of your planned bereavement leave.
- A declaration of entitlement, confirming your identity, relationship to the child, and your right to this pay.
Sample Declaration
Here’s an example of what your declaration might look like:
“My name is [Your Name]. I am the [Your Relationship, e.g., mother] of [Child’s Name], who passed away on [Date]. As your employee, I am entitled to parental bereavement pay. I will be taking parental bereavement leave for [Duration] starting on [Start Date] and request parental bereavement pay for this period.”
What to Do If Your Employer Refuses to Pay
If your employer denies your claim for parental bereavement pay, you can reach out to Her Majesty’s Revenue and Customs (HMRC) for assistance. Here’s how:
- Contact HMRC: Explain your situation and why you believe you are entitled to the pay. Be sure to do this within 6 months of your employer’s refusal.
- Have Documentation Ready: When you call HMRC, have the form called ‘SPBP1’ ready, which your employer should have provided you with detailing their reasons for denial.
Contact Information for HMRC:
– Address: HMRC Statutory Payments Disputes Team, Room BP 2301, Benton Park View, Longbenton, Newcastle upon Tyne, NE98 1YS
– Phone: 0300 056 0630
If HMRC agrees that you should receive parental bereavement pay, they will instruct your employer to pay you. If your employer still refuses, HMRC can impose fines and pay you directly. Additionally, you can appeal to the tax tribunal if HMRC supports your employer.
Need More Help?
If you’re unsure about the process or need additional support, consider trying Contend’s legal expert chat. Their highly trained AI legal experts can provide guidance and help you navigate your rights.
Remember, it’s essential to take care of yourself during this challenging time, and accessing the support you’re entitled to can make a difference.
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