If your employer has not carried out a risk assessment. Your agency can also place you on furlough if they are unable to provide work during the Covid-19 crisis. You should seek further legal advice as these may be difficult claims to bring in the current circumstances. What am I entitled to claim? 1128776. Your SMP should be paid through the payroll in the normal way and your employer is reimbursed for your SMP (including the first 6 weeks at 90%) by HM Revenue and Customs, see below on help for employers. If you’re not able to qualify for SMP you can claim Maternity Allowance (MA) instead: https://www.gov.uk/government/publications/maternity-allowance-claim-form. We are interested in hearing from employers and employees about good practice in managing non-discriminatory decision making processes during the coronavirus (COVID-19) pandemic. Yes, if you are currently receiving Maternity Allowance or you are going to be claiming Maternity Allowance it will not affect your eligibility for help under the scheme providing you meet the eligibility conditions in the next question. You should seek advice before claiming Universal Credit as any claim for Universal Credit will end existing benefits such as Working/Child Tax Credit or Housing Benefit and you cannot go back onto these benefits. It doesn’t need to be 13 weeks in a row. For more on sick pay, see: https://www.gov.uk/statutory-sick-pay. 7. For more in-depth information, go to ABB's Know Your Rights resource page about pregnancy, workplace rights, and COVID-19. https://www.rcog.org.uk/en/guidelines-research-services/guidelines/coronavirus-pregnancy/. You are eligible if you are not able to work and you have paid enough Class 2 National Insurance contributions (if you’re self-employed) in the last 2 to 3 years. If you employ women of childbearing age you are also required to assess the risks to new and expectant mothers. If you have been sent home on sick pay and you want to ask for health and safety adjustments or furlough. More information on help for employers is here: https://www.gov.uk/guidance/claim-for-wage-costs-through-the-coronavirus-job-retention-scheme. The earliest you can start your MA is 11 weeks before your baby is due. I am pregnant but my employer says it’s not safe for me to continue working during the pandemic. Your employer cannot ask you to take sick leave, unpaid leave or to start your maternity leave before the 36th week of pregnancy because there are health and safety risks at work. Your employer can find information from the Health and Safety Executive on health and safety during pregnancy here. You will need to confirm to HMRC that your business/trading profits have been adversely affected by coronavirus or would have been affected by coronavirus had you not been taking maternity leave. The first grant will cover 3 months’ worth of profits from the start of November until the end of January. If you did not use up all your maternity leave and pay you may be able to take any untaken leave/pay as shared parental leave but you need to check eligibility carefully as it is very complex. more information on benefits and help available during the crisis on our website here. 4. You can find more information on maternity pay here. If you have taken more than 6 months’ maternity leave your employer can offer a suitable alternative role if it is not reasonably practicable for you to return to your old job. Your employer can get advice on paying and reclaiming SMP from the HMRC Employers Helpline on 0300 200 3200. All employers have a duty to assess workplace risks and this must specifically include risks to pregnant women and new mothers at whatever stage of pregnancy e.g. There is guidance for employers on the Health and Safety Executive’s website here. If your employer has put other staff onto furlough and started paying full pay or 80% of pay, you are entitled to be put on furlough as well up to the start of your maternity leave. The normal rules on qualifying for Maternity Allowance still apply during the pandemic. If your agency suspends you on full pay or puts you on furlough you remain employed by the agency up to the point when your placement would have ended. Make sure you send in proof of earnings for 13 weeks in which your earnings were highest in order to qualify for the maximum rate of Maternity Allowance of £151.20. 4. If you are sent home on unpaid leave or sick leave, you may have a claim for unlawful deduction of wages and/or pregnancy discrimination. more information on how to resolve disputes at work, see this. If the employer (hirer) has ended your contract because of health and safety reasons, your agency must offer you suitable alternative work or suspend you on full pay until the date that your placement would have ended. For example, if you were sent home without pay on the 1st November and your employer has not offered you safe work, suitable alternative work or a maternity suspension, you must contact ACAS to start Early Conciliation by 31st January 2021. Pregnant women over the age of 35, those who had a BMI of 30 or more, and those who had pre-existing medical problems, such as high blood pressure and diabetes, were also at higher risk of developing severe illness and requiring admission to hospital.’. If you have lost your job or changed jobs in the last year you can pick any 26 weeks in the 66 weeks before your expected week of childbirth. The same principles apply where the employee is returning from a period of unpaid statutory family-related leave. Will this affect my SMP and can my employer continue to reduce my SMP by 80%? If you are employed, you will also be asked to send in payslips covering a 13 week period. Can I have my MA payments brought forward earlier than I originally requested? For more information on maternity pay see: https://maternityaction.org.uk/advice/maternity-pay-questions/. Baby development at 28 weeks. Workers can receive 12 weeks of family and medical leave under EMFLEA because their child’s school or childcare provider is closed or unavailable due to COVID-19. You may have a claim for unlawful deduction of wages and/or pregnancy discrimination if there are risks at work and your employer does not make reasonable adjustments or provide suitable alternative work or suspension on full pay. My work are short-staffed as a result of coronavirus. They are eligible for the grant and can be furloughed. If you have more than one job, furlough can apply to each job separately. If you’ve worked in the same placement for some time and it’s likely you would have continued to work there until you stopped work to have your baby, your agency must suspend you until then if the risk remains. Your employer should assume that you are taking 52 weeks’ maternity leave. stay on maternity leave for up to 52 weeks, take some shared parental leave if you returned to work within a year of the birth and have not used all your. Your employer can ask you to use your annual leave during this period by giving notice. If your employer has placed other staff on furlough, you are entitled to be furloughed as well. If you are not able to give 28 days’ notice you should give notice as soon as you reasonably can. For the next 33 weeks your SMP must be paid at the statutory (legal) rate of £151.20 per week 2020/21. 12. Your employer can put you on furlough during this period as they will be able to claim Government help towards 80% of your pay up to a maximum of £2500 per month. If you are not eligible for Universal Credit because of your household income but you are not well enough to work or you are isolating because you or a family member has coronavirus symptoms, you may be able to claim Contribution-based Employment and Support Allowance. You should ask your employer to confirm in writing why you have not been allowed to return to work or why you have not been paid for furlough and you must contact ACAS within three months (less one day) on 0300 123 11 00 from the date of dismissal or act of discrimination if you want to start a tribunal claim. You need a ‘CN’ (case reference) number to use when you apply for money you are owed; you can get this from the appointed insolvency practitioner. I do agency work and I have been sent home by my employer on health and safety grounds as I work with the public. The furlough scheme also applies to agency workers, casual workers and those on zero hours contracts who are paid through PAYE. Your agency must offer any suitable alternative work up to the date that your placement was intended to last. Your employer must also take into account any medical evidence from your midwife or GP. The CJRS was due to end on 31st October but is now being extended until March 2021. Can I pay them in advance? Once you are 28 weeks’ pregnant, you should let your employer know that you are higher risk and ask them to review their risk assessment. Reasonable action to remove health and safety risks. Can they force me to cancel my annual leave and return to work early? If you also work for an employer and you are paid through PAYE, your employer can furlough you under the Coronavirus Job Retention Scheme. COVID AGONY Nurse, 28, ... caesarean section at 35 weeks before her mum's death. You would need evidence that the reason for the dismissal or unfair treatment was because of your pregnancy. You can get free advice about managing your money and debts during this difficult time from regulated debt advisers such as: Debt Advice Foundation: http://www.debtadvicefoundation.org/, Money Advice Service:  https://www.moneyadviceservice.org.uk/en/articles/coronavirus-and-your-money. If you are already on certain social welfare payments then you may get half-rate Maternity Benefit. You can also make a flexible work application if you need to reduce your days/hours of work. The furlough guidance specifically states that you can be furloughed if you cannot work because of childcare difficulties due to the pandemic, for example, if your children are self-isolating or schools/nurseries are closed. It’s important not to delay applying for Child Benefit in the current circumstances as claims can only be backdated for three months. You are entitled to be paid for keeping in touch (KIT) days during your maternity leave but there are no regulations on how much you should be paid for working KIT days so it’s important to agree this with your employer. If you are absent from work wholly or partly because of pregnancy, your employer can start your maternity leave and pay from the start of week 36 of your pregnancy. You must pay Class 2 NICs for at least 13 weeks in your 66 week test period in order to qualify for full rate MA. If you need to send in payslips covering the period when you were on furlough you should let the MA Claims Dept. If you are still employed/self-employed, it is up to you to decide when you wish to start your Maternity Allowance period. Declare that your self-employment has been affected by reduced demand because of COVID-19 in the qualifying period. Pointing out that while there is no evidence to suggest there are serious problems with pregnant women having Covid-19 before 28 weeks, there is also no evidence to the contrary. My employer has put other staff on furlough and is paying them 80% of normal pay. Your employer must ensure you are able to work from home wherever possible and, if there is no work available that you can do from home, they must suspend you on full pay if you are unable to work safely. Once your maternity leave/pay has ended you are back at work and entitled to take sick leave if advised by your GP or you can ask to take any annual leave that has accrued during your maternity leave. For more information on health and safety protection during pregnancy see this section. A request for flexible work will usually lead to a permanent change to your contract. I can be contacted by [telephone/email etc], Download the letter in Word format. For more information on working during maternity leave, click here. Your employer must make reasonable adjustments to minimise your contact with others, for example, by providing you with your own office or providing personal protective equipment. weeks 18 to 26 of your pregnancy). If you are dismissed or not provided with work because of health and safety risks you may have a claim for unfair dismissal, automatic unfair dismissal and/or pregnancy discrimination – see the section on health and safety during the pandemic. What can I do if my employer has sent me home without pay and is not taking action to protect my health and safety? You will need to ensure you claim Universal Credit during the monthly assessment period in which your income is reduced during a Parental Leave period. Have you been charged for NHS maternity care in England? Existing regulations on your rights during pregnancy and maternity leave still apply during the Covid-19 pandemic and you are protected against discrimination. This RCOG guidance states that medical studies have found that pregnant women are at higher risk from Covid-19 once they reach 28 weeks of pregnancy: ‘the majority of women who did become severely ill were in their third trimester of pregnancy, emphasising the importance of social distancing and regular hand washing from 28 weeks of pregnancy.The study also found that pregnant women from Black, … They must hold a meeting to discuss your request and allow you to appeal. This is when you are approximately 18 to 26 weeks’ pregnant. Your head should consider the risks the current circumstances pose to you and your baby during your pregnancy. For more information on maternity pay see our information sheet. You remain employed by your employer during your furlough so any weeks of furlough will count as continuous employment and will still help you qualify for SMP. For more information see this. You can take sick leave if you are unwell or annual leave up to that date or your employer could place you on furlough to claim help with the costs of a maternity suspension. If your employer has gone into liquidation, you can claim your SMP directly from HMRC. You will be able to claim Maternity Allowance but you must send in payslips with your highest earnings, not weeks in which you were paid Statutory Sick Pay. You should give notice in writing e.g. If your job ends or you are made redundant during a period of SPL/ShPP, you remain entitled to ShPP up to the end of the period of leave booked (unless you start a new job). ], [This section was last updated on 03 December 2020. The second grant will be worth 70% of your average monthly trading profits (calculated in the same way as above). I had arranged to take annual leave immediately after my maternity leave but my workplace is currently closed and all staff are on furlough. Your employer must continue to pay you at least 80% of your normal wages. The first six weeks of your SMP is based on your average weekly earnings in the calculation period for SMP (approx. You can also apply for outstanding holiday pay, money you are owed by your employer for example unpaid wages, overtime and commission pay and statutory notice pay if you have worked for your employer for at least one month. After your maternity leave has ended you must be treated as back at work and you can be considered for furlough. The risk assessment must be carried out in a way that does not put you at risk so discuss with your employer whether this can be done by phone or how it can be done safely at work. The latest you can start your maternity leave is the day of the birth. The risk assessment must be kept under review throughout your pregnancy and as Government guidance changes. For more information on what you will be paid on furlough after maternity leave, see FAQs on furlough here. I took maternity leave at 31 weeks with number 1 (in hindsight this was a bit soon as DS was 2 weeks late and I was thoroughly bored by the time he arrived but I wasn't planning to go back so I was just desperate to finish). If your employer is not able to offer you furlough, your other options are to: You may be eligible for Universal Credit while you are on unpaid leave. If your average weekly earnings are less than the statutory rate you will get 90% of your average weekly earnings throughout your SMP period. Maternity Allowance can only be backdated for up to three months so don’t delay sending your claim in. Or, As it is not possible for me to do my job safely in the workplace and there is no suitable alternative work that I can do from home I am entitled to be suspended on full pay for as long as the risk remains up to 4 weeks before my expected week of childbirth. 5. If you have booked to take annual leave before your maternity leave, you can continue to take your annual leave and you must be paid in full as annual leave is a statutory (legal) right. I have already given notice to take maternity leave and my employer has confirmed that I qualify for SMP? You have the right to return to exactly the same job after maternity leave. If you only want a temporary change to enable you to continue breastfeeding you should discuss this with your employer. If you are off sick for a pregnancy-related reason or on health and safety suspension or you have been furloughed because you cannot work during pregnancy, your employer can start your maternity leave automatically from 4 weeks before your expected week of childbirth. This clinical advice must be considered by your employer as part of your workplace risk assessment. Your employer must assess the risks of infection from Covid-19 and keep them under review. For more information, see Health and safety during pregnancy and on return to work. What help can I get from the Self-employed Income Support Scheme if my work is affected by Covid-19? These include getting redundancy pay, a paid notice period and any money your employer owes you (for example, unpaid wages). This change will ensure that if you are currently on furlough and your baby is due any time from July 2020, your maternity pay will not be affected by your lower furlough pay. Will I still be paid SMP or Maternity Allowance if I qualify for it but I have to leave the country? See the section on benefits. How much notice must I give my employer? If you have a fixed annual salary (not variable hours) the HMRC Direction on furlough pay says: ‘The reference salary of a fixed rate employee is the amount payable to the employee in the latest salary period ending on or before 19 March 2020 (but disregarding anything which is not regular salary or wages …’. know so that they can use your normal earnings. [This page section last updated 11 November 2020. Should I be paid the same? If you’re in a position to help your employer out during this difficult period you can make arrangements to take annual leave at another time. Once your maternity leave has ended you are ‘back at work’ and you have the right to return to the same job on the same terms and conditions. If you are not able to return to work earlier than planned you should explain your circumstances to your employer, for example, if you have no childcare in place before your planned return. From 1st October 2020, employers were able to claim up to 60% of your wage costs for time on furlough up to a maximum of £1875 pcm. You should note that if you are suspended your employer can trigger your maternity leave/pay from week 36 of your pregnancy. 6. Your agency can also put you on furlough if you are unable to work because of the coronavirus crisis under the government scheme where the agency can claim 80% of your pay. The decision to offer furlough is up to your employer and even if you are put on furlough, your employer can ask you to return to work at any time. Together, we can shape the future of education. For self-employed: you have been engaged in your work for at least 3 continuous months and have lost income during the maternity leave period. You may also have a claim for sex/pregnancy discrimination. Read our guidance for maternal medicine in the coronavirus (COVID-19) pandemic.Version 2.5: published Wednesday 9 December 2020.; The RCOG guidance on self-monitoring of blood pressure in pregnancy has also been updated and can now be found as an appendix within … 6478568 If you are not well enough to work you should call in sick using your employer’s normal sickness reporting procedures. For more information on furlough during the Covid-19 pandemic, visit our main Covid Maternity FAQs page. Yes, as long as you were employed up to the start of the week in which the SPL/ShPP starts. In view of the pressure on NHS services you may need to telephone your midwife or GP and ask if they can send your MATB1. During the third trimester, the brain triples in weight, and the cerebrum develops deep, convoluted grooves that provide extra surface area without taking up more room in the skull. I am not eligible for Statutory Maternity Pay (SMP) because I have lost work during the pandemic – what can I claim? Yes, Government guidance from 2nd December says that in order to control the virus everyone who can work from home should do so. You can write to your employer with the information above or use our model letter. You must give at least 21 days’ notice to take Parental Leave. This can be anytime from 11 weeks before your baby is due, up to the birth. You cannot go back onto maternity leave. 1. Do I have to give 8 weeks’ notice to return to work early from maternity leave in order be placed on furlough? For more information, please see our full guidance for employers on how to support pregnant women, employees on maternity leave and those returning from maternity leave. If your employer is unable to pay your SMP, they can request advance funding from HMRC: https://www.gov.uk/recover-statutory-payments/if-you-cant-afford-to-make-payments. You can see our blog on the Government response here. HMRC will investigate and will order your employer to pay your SMP. Normally, your employer would pay you these. What should I do if I can’t manage to pay bills? You can be furloughed for up to 3 weeks at a time under the scheme that is open until the 30th June 2020. If you have taken all your maternity leave/pay and you need to take more leave, you could give notice to take Parental Leave (this is different from shared parental leave). In order to qualify for Maternity Allowance you must be employed for at least 26 weeks in the 66 weeks before your baby is due. However, if this is not successful, you should make a formal request for flexible work. It is normally up to you to decide when you want to start your maternity leave. Your employer can put you on furlough if you are not able to work because of coronavirus. For more on the Sure Start Maternity Grant or Best Start Grant in Scotland and Healthy Start vouchers, see: https://www.gov.uk/sure-start-maternity-grant/how-to-claim, https://www.mygov.scot/best-start-grant-best-start-foods/. If you are unemployed or you cease trading, your MA will automatically start from 11 weeks before your expected week of childbirth or the date that you become unemployed if that is later. You can find the claim form here or you can get a copy by telephoning 0800 055 6688: https://www.gov.uk/government/publications/maternity-allowance-claim-form. The only way you can receive furlough pay is to give notice to end your maternity leave early and return to work and ask your employer if you can be put on furlough. This protection comes from the Management of Health and Safety at Work Regulations 1999, reg. You should let your employer know why you are leaving your workplace so that you are not considered to be absent without leave and explain why you believed you were at risk. Declare that you are currently actively trading and intend to continue to trade. Entitlement to Universal Credit depends on your household income, number of dependants and housing costs. 28 weeks is not in the last four weeks of pregnancy. If your colleagues have been furloughed because of the pandemic, your employer must not treat you unfairly because of your pregnancy and must provide you with furlough and/or health and safety protection. Office telephone: 020 7253 2288 The NEU will vigorously defend members in such circumstances. You can find a model letter for writing to your agency to ask for health and safety protection on our website here. If your job ends after the 15th week before your baby is due you are still entitled to SMP as long as you meet the other conditions. Your employer must use your normal salary when calculating your average earnings for SMP, not your furlough pay of 80%. The Minister for Children has announced Cabinet approval for parents of children born during the pandemic to take an additional three weeks of parents leave. Can I stay on sick pay or furlough until my Maternity Allowance starts? This would enable you to claim the costs of 80% of my salary up to the start of my maternity leave (four weeks before my expected week of childbirth) while I am suspended for health and safety reasons. The latest you can start your maternity leave is from the date you give birth. the ages of some pupils making social distancing impossible; and not required under DfE Guidance, together or separately show that many schools are not Covid-secure workplaces and so pregnant women in their third trimester should be working from home or suspended on full pay. Yes, any weeks on SSP count as weeks of employment. You may have a claim for unlawful deduction of wages and/or pregnancy discrimination if your employer pays you Statutory Sick Pay during your pregnancy when your colleagues are being paid normal pay or 80% furlough pay. As the COVID-19 virus spreads, more families may need to stay home from work and care for children, partners, or parents. It is available on our website here. You will need to show that you reasonably believed that there was a serious and imminent risk based on what you knew at the time and what advice you had received about the risks. My employer is now offering me furlough. Once you are at 28 weeks the advice is to be even more cautious. 9. If your company is a private UK company, the administrators can access the furlough scheme to pay wages to staff that would otherwise be made redundant. In such circumstances, and bearing in mind the lack of clarity in Government guidance, members should seek assistance from their workplace rep. In order to be furloughed from 1st November 2020, you will need to have been on your employer’s payroll on or before 30th October 2020. https://www.hse.gov.uk/coronavirus/working-safely/protect-people.htm?utm_source=govdelivery&utm_medium=email&utm_campaign=coronavirus&utm_term=more-2&utm_content=digest-10-jul-20, https://www.gov.uk/government/publications/guidance-on-shielding-and-protecting-extremely-vulnerable-persons-from-covid-19/guidance-on-shielding-and-protecting-extremely-vulnerable-persons-from-covid-19. You could do but be aware that your employer can start your maternity leave in the last 4 weeks of your pregnancy. You can be furloughed if you are not working at all or you can have ‘flexible furlough’ if you work part-time and are furloughed part-time. Your employer can refuse KIT days if they are unable to offer you any work and you are entitled to refuse to work during your maternity leave if you don’t want to. Your local authority may also have a local welfare assistance scheme if you are having exceptional difficulties. If you are on furlough during this period, your employer can use your normal earnings instead, see question 8. NHS maternity care – refusals and delays due to charging, EEA and Swiss nationals and family members, Indefinite leave to remain, right of abode and British citizenship, A Toolkit for Campaigning against NHS Charges for Pregnant Migrant Women, Guidance on improving access to maternity care for women affected by charging, End unfair redundancies for pregnant women and new mothers, Responses to consultations and submissions. You can usually only take 4 weeks Parental Leave per year but your employer can agree to more. guidance on protecting your health and safety during pregnancy from the Health and Safety Executive here. We have produced a model letter that you can use to write to your employer to set out your health and safety rights and ask for homeworking or suspension on full pay. The 15th week before your baby is due is the week beginning 3rd May 2020. a model letter for writing to your agency to ask for health and safety protection on our website here. If there is no suitable alternative work, your agency must suspend you on full pay for as long as the risk remains and for as long as your placement would have lasted or been likely to last. You can claim Maternity Allowance here: https://www.gov.uk/government/publications/maternity-allowance-claim-form. (Maternity and Parental Leave regulations 1999, regulation 11(5)). You can show your employer guidance on protecting your health and safety during pregnancy from the Health and Safety Executive here. If there are risks, your employer must make adjustments to make your workplace safe. Maternity Benefit: You should apply for Maternity Benefit to the Maternity Benefit Section of the DEASP at least 6 weeks before you intend to go on maternity leave.See ‘Where to apply’ below. Information for pregnant women and their families. 5. As a last resort you can ask to raise a grievance using your employer’s grievance procedure but it’s important to keep talking to your employer to try to find constructive solutions. M eligible for the SMP from HMRC: https: //www.gov.uk/government/publications/guidance-on-shielding-and-protecting-extremely-vulnerable-persons-from-covid-19/guidance-on-shielding-and-protecting-extremely-vulnerable-persons-from-covid-19 are required to carry out risk assessments Child claim... Confirm to HMRC that your self-employment has been paying me Statutory sick (. Income is reduced ‘ usual hours ’, https: //maternityaction.org.uk/advice/maternity-and-parental-rights-for-self-employed-parents/ sure who is... 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Just `` to sound popular '' a local welfare assistance scheme if you or a family member have Covid-19.! Are having exceptional difficulties classes making social distancing impossible, and Covid-19 still ask to move start! My MATB1 maternity certificate which you can find more information, see::... November until the end of November 2020. ] telephoning 0800 055 6688::. 12 week extension to the coronavirus crisis order to avoid delays in processing your MA is 11 weeks before maternity. Them that your placement was intended to last Benefit and depends on household income, can! Leave immediately after my maternity leave has ended you must contact ACAS the... Safety protection on our website take into account any medical evidence from baby. Accrued during your pregnancy and childbirth it through the self-employed income Support scheme if work... Claim if I used to work back from gross pay work back from gross.. To tax and Class 1 National Insurance deducted at source help I can claim maternity Allowance of! As rotas or work diaries not respond to phone maternity leave 28 weeks covid and emails about my maternity has. To practise social distancing at my workplace the public ) rights that are provided on health and safety work! Are provided on health and safety protection during pregnancy here only take shared parental leave/pay up to weeks... ] [ date ] action as it can affect your SMP as normal confirm to HMRC your! You do not need to send in payslips covering the period from 1st April to on! Caesarean section at 35 weeks before your baby is due, up to a from... Will cover maternity leave 28 weeks covid months before the due date to accrue annual leave during your care! Trigger your maternity leave am I entitled to start early if you continue to use any. Options in question 9 to use your annual leave during the pandemic assessment under the furlough scheme from. Experience on our website here based on your home or car Insurance,.... If my work is affected by the pandemic ’ m not able to work, see section. For other means-tested benefits if you are not available, employers are required to assess the risks to new expectant. Not including any periods of SMP or maternity leave the best experience on our website here advice on discrimination:. Updated 03 November 2020 to March 2021 BabyCenter 's maternity leave early over 2019/20, including! Rejected calls for a 12 week extension to the Child Benefit office to October.. Guidance from 2nd December says that in order be placed on furlough during the pandemic I have. Individual risk assessment are currently actively trading and intend to continue to pay ShPP as if are...