MOD ex-gratia payments in lieu of Maternity Allowance
Source: gov.uk (2025-01-28)

Guidance on applying for MOD ex-gratia payments for service personnel whose spouse or civil partner accompanies them on overseas postings.

Ex-gratia payments are made by the MOD in lieu of DWP UK Maternity Allowance (MA) (https://www.gov.uk/government/publications/maternity-benefits-technical-guidance) 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
- Apply for MA through the DWP (https://www.gov.uk/maternity-allowance/how-to-claim).
- Receive a decision notice from the DWP stating that you are not eligible.
- Provide the decision notice and supporting documents to your unit’s HR.
- 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: xxx@xxx.xx (mailto:xxx@xxx.xx) and your Unit HR.
- Armed Forces Families Support Hub (https://modgovuk.sharepoint.com/teams/310787?e=1%3Ad90b622d01db4463a563f5bbdd11f293) (internal MOD access only)
Further information
- MOD ex-gratia payments in lieu of Maternity Allowance (https://modgovuk.sharepoint.com/sites/IntranetPolicy/SitePages/workinginmodmilitarycat4.aspx?xsdata=MDV8MDJ8RERDLU1PREludGVybmV0QG1vZC5nb3YudWt8NzMzMmE5ZmY0MGVhNDZmY2YzZGQwOGRkM2JiZWJhZTB8YmU3NzYwZWQ1OTUzNDg0YmFlOTVkMGExNmRmYTA5ZTV8MHwwfDYzODczMjQxMjUzOTMxMTEyM3xVbmtub3dufFRXRnBiR1pzYjNkOGV5SkZiWEIwZVUxaGNHa2lPblJ5ZFdVc0lsWWlPaUl3TGpBdU1EQXdNQ0lzSWxBaU9pSlhhVzR6TWlJc0lrRk9Jam9pVFdGcGJDSXNJbGRVSWpveWZRPT18MHx8fA%3d%3d&sdata=cmtjT2JHMVBLWkVZWGkzenF4MUo1QnFNaE9HV256S2c1dktqUDhMTlpKOD0%3d&clickparams=eyAiWC1BcHBOYW1lIiA6ICJNaWNyb3NvZnQgT3V0bG9vayIsICJYLUFwcFZlcnNpb24iIDogIjE2LjAuMTczMjguMjA2NDgiLCAiT1MiIDogIldpbmRvd3MiIH0%3D) (internal MOD access only)
- Maternity benefits: detailed guide (https://www.gov.uk/government/publications/maternity-benefits-technical-guidance)