Mrs. Swati Pankhania (Hansard, 9 February 1999)

§ Mr. Bayley

The administration of Maternity Benefit is a matter for Peter Mathison, the Chief Executive of the Benefits Agency. I have asked him to write to my hon. Friend.

Letter from Peter Mathison to Mr. Keith Vaz, dated 8 February 1999:

I am replying to your recent Parliamentary Question asking for what reasons maternity benefit has not been paid to Mrs Swati Pankhania of Rushey Mead. Leicester.

Maternity Benefit (MB) has not been paid because the independent Adjudication Officer (AO) decided on 2 November 1998 that Mrs Pankhania was not entitled to Maternity Allowance (MA) from 7 December 1997 to 11 April 1998 because she was entitled to Statutory Maternity Pay (SMP) from her employer in respect of the same pregnancy.

I should explain that AOs are statutory office holders. They are required to make impartial decisions based on the application of the law to the facts of the individual case. It would be improper for me, or indeed a Government Minister, to comment on, or interfere in, their decisions.

However, the AO's decision to refuse MA is not a formal decision on the employer's liability to pay SMP. A customer who wants a formal decision on this separate issue must request it from the AO within six months from the earliest day in respect of which liability for SMP is in dispute. The time limit is absolute. I understand that Mrs Pankhania recently made such a request.

Mrs Pankhania now needs to complete form SMP14 explaining fully why she thinks she is entitled to SMP and what she has done to pursue it with her employer. The information that she provides will then be sent to her employer for their comments. Once these have been received the AO will give a formal decision on SMP. If the AO decides that the employer is liable, they have three months in which either to pay SMP or appeal against the decision. If the employer does not appeal and does not pay SMP, the Benefits Agency will take over responsibility for paying it.

I understand that Mrs Pankhania is currently in India. We have sent form SMP14 to her husband who is arranging to forward it to her. Every effort will be made to resolve this issue timeously.

I hope that this is helpful.