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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 78592
Experience:  Qualified Employment Solicitor
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My wife is on SMP and we have moved to Israel with no

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My wife is on SMP and we have moved to Israel with no intention of returning. She has been offered a part time salaried job in Israel. Is there any way she can take the job and continue to receive SMP? Does the UK have jurisdiction over her in Israel?
Hello, I’m Ben, an employment solicitor, and it’s my pleasure to assist you. I may ask for some information first to determine the legal position.
Does her employer know she has moved? I also wanted to make you aware that this is not always an instant service, due to various legal engagements I could have and I may not be able to reply immediately. However, rest assured that I am dealing with your query and will get back to you as soon as I can. Thanks.
Customer: replied 5 days ago.
Hi Ben, nice to meet you. Yes her employer in London is aware that she has moved
Thanks and it is just SMP she is in receipt of, not enhanced company maternity pay?
Customer: replied 5 days ago.
just SMP
Customer: replied 5 days ago.
Any answer to my question?
Customer: replied 4 days ago.
Any update?
Customer: replied 4 days ago.
Any further update?

Hi sorry I was offline by the time you had replied. SMP is a legal right and becomes payable as long as the employee fulfils certain criteria at the start of their maternity period. Even if the employee leaves that employer or relocates to another country, they will still continue receiving SMP, so long as they have fulfilled the original criteria to make them eligible for the payments in the first place. If she has already started receiving SMP, the clearly she would have met the criteria and can expect to receive the remainder of the SMP entitlements she gets.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

I trust that everything has now been dealt with to your satisfaction and your original question has been resolved. If you have any further queries about it, please do not hesitate to get back to me on here. In the meantime, I wish you all the best.

Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 3 days ago.
There does seem to be a law that if you get another salaried employment while receiving SMP period you have to inform your original employer to stop SMP. This is what I found in regards ***** ***** here -https://maternityaction.org.uk/advice/rights-for-parents-with-more-than-one-job/#:~:text=Can%20I%20work%20for%20another,before%20your%20baby%20is%20due. As the job offer is in Israel and the employer is not paying national insurance can I assume its OK to continue receiving SMP?
Customer: replied 3 days ago.
Also see section 3.12 on the government website here https://www.gov.uk/government/publications/maternity-benefits-technical-guidance/maternity-benefits-technical-guidance#statutory-maternity-pay-smp
Customer: replied 3 days ago.
Can we assume that a job in israel is like a self employed job in this regard. If it is a grey area that would also be good to know.
Customer: replied 3 days ago.
I have requested a phone consultation
Customer: replied 3 days ago.
Waiting for your call
Customer: replied 3 days ago.
When do you plan to call? As I have other engagements
Customer: replied 3 days ago.
I keep the Sabbath so in a couple of hours and the whole of Saturday I won't be able to take a call. If you can't get back to me in the next few hours please let me know when you can call on Sunday instead.

Hi sorry I was away for a few days so not checking my messages. You are right that being abroad and not in employment where NI contributions are paid means this would not apply and the last paragraph in that section would be relevant. I hope this clarifies things for you a little bit more.