MOD ex-gratia payments in lieu of Maternity Allowance

Ex-gratia payments are made by the MOD in lieu of DWP UK Maternity Allowance (MA) when a service person relocates overseas and their spouse/civil partner accompanies them, but MA cannot be paid to them in that country. This could be because:

• there is no reciprocal agreement with the host country
• the host country is outside the European Economic Area (EEA)

The ex-gratia payments are equivalent to the MA they would have received in the UK.

Eligibility

To qualify for MOD ex-gratia payments, the spouse/civil partner must have been eligible for UK MA if they remained in the UK. This means they:

• worked at least 26 weeks during the 66 weeks before the baby’s due date, known as the ‘test period’
• earned at least £30 per week for 13 of those weeks

How to apply

1. Apply for MA through the DWP.
2. Receive a decision notice from the DWP stating that you are not eligible.
3. Provide the decision notice and supporting documents to your unit’s HR.
4. HR will escalate the case to the Armed Forces Families Team if necessary.

Exceptional circumstances

The MOD may consider ex-gratia payment in lieu of MA if the spouse/civil partner does not meet the criteria for UK MA. This is considered an exceptional circumstance, and could be because:

• the civil partner/spouse has not worked long enough during the test period
• the service person and their civil partner/spouse are posted to a country where diplomatic status must be given up, making it difficult for them to find work

Apply for MOD ex-gratia payments under exceptional circumstances

Follow the steps under ‘How to apply’ and include the following in step 3:

• evidence of the difficulty in finding work
• proof of an active job search
• employment history prior to leaving the UK

Contact

• Armed Forces Families Policy Team: People-AFFS-FamiliesTeam@mod.gov.uk and your Unit HR.
• Armed Forces Families Support Hub (internal MOD access only)  

Further information

• MOD ex-gratia payments in lieu of Maternity Allowance (internal MOD access only)
• Maternity benefits: detailed guide