Ex-gratia payment in lieu of Maternity Allowance

What you need to know

The Department for Work and Pensions (DWP) restricts payment of UK Maternity Allowance to people who are living in, and have worked in, the UK.

This benefit is designed for service people whose eligible spouse or civil partner accompanies them overseas to a country where there is no reciprocal maternity arrangement.

It is important that you have read and understood JSP 752 Tri-Service Regulations for Expenses and Allowances (chapter 9, section 14) before proceeding.

If your partner doesn’t meet the criteria for UK Maternity Allowance because they aren’t resident in the UK at the time of application, or their qualifying work was undertaken within the European Economic Area (EEA) or in a country where there is a reciprocal benefit agreement, their claim will be dealt with by that country.

However, if they live and/or work in a country outside the EEA without a reciprocal agreement, the MOD may consider the payment of an ex-gratia payment in lieu of Maternity Allowance. There is no automatic entitlement and payment is at the discretion of the MOD; however, the intent is to consider such requests favourably.

Once authorised by the DWP, this benefit is paid at the actual equivalent cost of the UK Maternity Allowance.

What you need to do

Apply to DWP for maternity allowance

An application for the scheme will only be considered after your spouse/partner has applied to the DWP for Maternity Allowance by completing the maternity allowance claim form and submitting it to the address at the end of the form. If they may be eligible for an ex-gratia payment, DWP will send them either Form BM 10C or Form SU 1095.

Apply to Unit HR for ex-gratia payment

You should then apply to your Unit HR Admin for an ex-gratia payment on behalf of your partner using the form at Annex A to 2018DIN01-026.