SMP Reclaim for Small Employers 2026/27: 103% vs 92% Checklist
Small employers can reclaim 103% of Statutory Maternity Pay through HMRC's Small Employers' Relief; larger employers reclaim 92%. Here's the £45,000 NI test, how to claim via EPS, and a step-by-step 2026/27 checklist.
Quick answer
If your business's total Class 1 National Insurance contributions (employer's and employees' combined) were £45,000 or less in the relevant qualifying tax year, you're classed as a small employer for statutory payment purposes and can reclaim 103% of the Statutory Maternity Pay (SMP) you pay an employee — the full amount plus a 3% top-up to cover the employer NI you paid on the SMP itself.
If your NI liability was above £45,000, you can still reclaim, but only 92% of the SMP paid — you absorb the remaining 8% plus employer NI as a genuine payroll cost.
Crucially, there's no separate application to make the reclaim. You simply deduct the recoverable amount from your regular payments to HMRC (PAYE, NI, student loan repayments) when you run payroll, and it's reported through your Employer Payment Summary (EPS).
Maternity Pay Calculator
Calculate Statutory Maternity Pay (SMP) for the full 39-week maternity leave.
Maternity pay calculatorStep-by-step 2026/27 checklist
1. Confirm the employee is eligible for SMP
- 26 weeks' continuous service by the end of the qualifying week (15 weeks before the expected week of childbirth).
- Average weekly earnings at or above the Lower Earnings Limit.
- Correct notice given by the employee (at least 15 weeks before the due date, where possible).
If not eligible, they may qualify for Maternity Allowance from DWP instead — nothing for you to reclaim.
2. Identify the qualifying tax year
Work out the employee's qualifying week, then look back to the last complete tax year (6 April to 5 April) before that week. This is the year whose NI figures you'll test.
3. Run the £45,000 NI test
Pull your total Class 1 NI liability (employer's secondary NI plus employees' primary NI, combined across all staff) for that qualifying tax year from your payroll software or HMRC's PAYE records.
| Total Class 1 NI in qualifying year | Employer classification | Reclaim rate |
|---|---|---|
| £45,000 or less | Small employer | 103% |
| More than £45,000 | Standard employer | 92% |
4. Calculate the SMP due
- First 6 weeks: 90% of average weekly earnings (no cap).
- Remaining up to 33 weeks: the lower of the standard statutory rate or 90% of average weekly earnings.
- Total statutory maternity leave: up to 52 weeks, of which up to 39 are paid.
Maternity Pay Calculator
Calculate Statutory Maternity Pay (SMP) for the full 39-week maternity leave.
Work out the exact weekly figures5. Pay the employee as normal through payroll
SMP is taxed and NI'd like ordinary pay — it goes through PAYE with tax code and NI category applied as usual.
6. Record the recoverable amount and report via EPS
Your payroll software calculates the recoverable SMP (92% or 103% depending on your test result) automatically. This figure reduces the PAYE, NI and student loan amounts you owe HMRC that period — report it through your Employer Payment Summary alongside your normal Full Payment Submission.
7. Apply for advance funding if the reclaim exceeds your liabilities
If the recoverable SMP (plus any other statutory payments due) is more than what you'd otherwise pay HMRC, apply for advance funding at least 4 weeks ahead of when you need it.
8. Keep records for at least 3 years
HMRC requires employers to retain SMP records — dates, payments, and evidence of the eligibility calculation — for at least 3 years after the end of the tax year they relate to.
Worked example — a 6-person small business
A small marketing agency employs 6 people. Combined employer and employee Class 1 NI for the qualifying tax year totals £31,000 — comfortably under £45,000, so the agency is a small employer.
One employee is due SMP totalling £8,200 over 39 weeks.
- Recoverable at 103%: £8,446.
- The agency actually receives £246 more than it paid out, because the 3% covers the employer NI cost on the SMP itself.
- This is recovered by reducing the agency's PAYE/NI bill to HMRC across the payroll periods the SMP is paid, not as a lump-sum refund.
Worked example — a mid-sized employer over the threshold
A 40-person company has combined Class 1 NI of £210,000 in the qualifying year — well above £45,000.
- SMP paid to an employee: £9,000.
- Recoverable at 92%: £8,280.
- The company absorbs £720 of the SMP cost itself, plus its employer NI liability on the SMP payments (which isn't separately compensated at this rate).
Common mistakes to avoid
- Testing the wrong tax year. It's the qualifying tax year relative to the employee's qualifying week, not your company's most recent financial year or the calendar year the baby is born.
- Assuming headcount determines status. The test is purely about NI liability in pounds, not number of employees — a small team of high earners can exceed £45,000 while a larger low-paid team stays under it.
- Forgetting to check per employee. If you have several employees on maternity/paternity/adoption leave with qualifying weeks in different tax years, retest each one separately.
- Not applying for advance funding when cash-strapped. Many eligible small employers simply absorb the upfront cost of SMP unnecessarily instead of asking HMRC to fund it in advance.
Take-Home Pay Calculator
Calculate your net salary after income tax, National Insurance and student loan deductions.
Take-home pay calculatorNational Insurance Calculator
Calculate your National Insurance contributions for 2025/26.
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Frequently asked questions
What is the £45,000 threshold for Small Employers' Relief?
It's a look-back test on your total Class 1 National Insurance contributions (both employer and employee NI combined) in the 'qualifying tax year' — broadly the last complete tax year before the employee's qualifying week (the 15th week before the baby is due). If that total was £45,000 or less, you're a small employer and can reclaim 103% of the SMP you pay out. If it was above £45,000, you reclaim 92%. Most micro and small businesses — anything roughly under 15-20 employees on typical salaries — fall under the threshold, but you must actually check your payroll software's NI liability report for the correct year rather than assume based on headcount, because a few high earners can push a small headcount over £45,000 while a larger low-paid team can stay under it.
How do I actually claim the reclaim — is it a separate application?
No separate application is needed. You recover SMP (and the 3% compensation if you're a small employer) by deducting the amount from your regular PAYE, National Insurance, and student loan payments to HMRC when you run payroll — essentially you pay HMRC less that month. Your payroll software (or the free HMRC Basic PAYE Tools) calculates the recoverable amount automatically once you record SMP payments, and it should feed through to your Employer Payment Summary (EPS) submission. If your recoverable SMP exceeds what you owe HMRC that month, you can apply for advance funding by contacting HMRC's Statutory Payment Dispute Team, or simply carry the surplus forward and offset it against future PAYE liabilities.
What counts towards the 3% compensation on top of the 100%?
The 3% is compensation specifically for the employer NI you pay on the SMP itself (SMP is subject to employer Class 1 NI like normal earnings). Small employers get 100% of the SMP paid back plus this extra 3%, totalling 103% of the gross SMP figure — so you end up marginally ahead of merely being 'made whole'. Employers above the £45,000 threshold only recover 92% of the SMP paid, meaning they absorb roughly 8% of the cost themselves plus the employer NI on top. There's no equivalent 3% top-up for larger employers, which is a deliberate policy design to protect small businesses' cash flow around parental leave, which they're statistically less able to absorb than large employers with bigger payroll headroom.
Does the reclaim apply to Statutory Paternity Pay and Shared Parental Pay too?
Yes. The same Small Employers' Relief mechanism and 92%/103% split applies across the full family of statutory parental payments: Statutory Maternity Pay (SMP), Statutory Paternity Pay (SPP), Statutory Adoption Pay (SAP), Shared Parental Pay (ShPP), Statutory Parental Bereavement Pay (SPBP), and Statutory Neonatal Care Pay (SNCP), which was introduced more recently. You use the same £45,000 qualifying-year NI test to determine which recovery rate applies to your business, and it applies consistently across all these payment types for the same qualifying tax year — you don't need to re-test your employer size separately for each type of statutory payment.
What if I underestimate and reclaim the wrong amount?
Payroll software calculates SMP and the reclaim automatically from the employee's average weekly earnings, so manual errors are rare, but they do happen — commonly from entering the wrong qualifying week, misjudging average weekly earnings across the 8-week relevant period, or applying the wrong employer-size rate. If you discover an error, correct it in your next Full Payment Submission (FPS) and adjusted EPS; HMRC's systems reconcile PAYE liabilities across the tax year, so a small over- or under-claim self-corrects at year-end provided you fix your software records. For larger discrepancies or if you've already claimed advance funding incorrectly, contact HMRC's Employer Helpline before the next filing deadline to avoid a formal compliance check.
Can I get advance funding if I can't afford to pay SMP upfront?
Yes — this is specifically designed for small employers with tight cash flow. If your reclaimable SMP (plus any other statutory payments) will be more than your total PAYE, NI and student loan liabilities for the period, you can apply to HMRC for advance funding before you pay your employee, using form 'Advance funding' online or by post at least 4 weeks before you need the money. HMRC pays the funding into your bank account so you're not left funding weeks of maternity pay from working capital while waiting to recover it through reduced PAYE remittances. This is an underused option — many eligible small employers simply absorb the cash-flow hit unnecessarily.
How long does an employee need to have worked for me to qualify for SMP, and does that affect my reclaim?
The employee needs 26 weeks' continuous service with you by the end of the 'qualifying week' (15 weeks before the expected week of childbirth) and average weekly earnings at or above the Lower Earnings Limit. Your reclaim rate (92% or 103%) is entirely separate from the employee's eligibility test — it depends only on your total NI liability in the qualifying tax year, not on how long the employee has worked for you or how much they earn. If an employee doesn't meet the SMP eligibility rules, they may instead be able to claim Maternity Allowance direct from DWP, which doesn't involve you as the employer at all, and there's nothing for you to reclaim in that case.
Does the qualifying tax year change every year, or is it fixed?
It's a rolling test, not fixed. The 'qualifying tax year' is defined relative to each individual employee's qualifying week — specifically, the last complete tax year (6 April to 5 April) before the qualifying week. That means two employees going on maternity leave in the same calendar month could technically have different qualifying tax years if their due dates straddle a tax year boundary, though in practice this is rare. You need to re-run the £45,000 NI check for each employee going on statutory leave, using your total employer and employee Class 1 NI liability for the relevant qualifying tax year, not simply reuse last year's result automatically, since your business's NI liability can move you across the threshold from one year to the next as you grow or shrink.
Try the calculators
Maternity Pay Calculator
Calculate Statutory Maternity Pay (SMP) for the full 39-week maternity leave.
Take-Home Pay Calculator
Calculate your net salary after income tax, National Insurance and student loan deductions.
National Insurance Calculator
Calculate your National Insurance contributions for 2025/26.
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