Social Welfare and Pensions Act 2007

6.

Maternity benefit — improvements.

6.— The Principal Act is amended—

( a) in section 47—

(i) in subsection (1)( a), by inserting “or it is certified by a registered medical practitioner or otherwise to the satisfaction of the Minister that a woman has been confined,” after “given,”,

(ii) by substituting the following for subsection (4)( a):

“( a) Subject to this Act and paragraph ( b), where a woman, who has been delivered of a living child, dies at any time before the expiry of the twenty-fourth week following the week of her confinement, the father of the child shall be entitled to benefit under this Chapter as if he were a woman and the provisions of this Chapter (other than sections 48 and 50( b)) apply in all respects in the case of that man.”,

and

(iii) by substituting the following for subsection (5)( c):

“( c) a man who—

(i) is an employed contributor, for the period of leave to which he is entitled under section 16 of the Maternity Protection Act 1994 or for 6 weeks, whichever is the longer period of time, or

(ii) is in insurable self-employment, for a period beginning on the day after the day on which the death of the mother occurs—

(I) where the mother dies before the expiry of the twenty-fourth week following the week of her confinement, to the end of the twenty-fourth week following the week of her confinement, or for 6 weeks, whichever is the longer period of time, or

(II) where the mother dies after the expiry of the twenty-fourth week but before the expiry of the fortieth week following the week of her confinement, to the end of the fortieth week following the week of her confinement, or for 6 weeks, whichever is the longer period of time,

but if the beneficiary dies, the benefit shall not be payable for any subsequent day.”,

and

( b) by substituting the following section for section 50:

“Disqualifications.

50.— Regulations may provide for disqualifying a woman for receiving maternity benefit where—

( a) during the period for which the benefit is payable, she engages in any form of insurable employment, insurable (occupational injuries) employment, insurable self-employment, any employment referred to in paragraph 1, 2, 3 or 6 of Part 2 of Schedule 1 or any self-employment referred to in paragraph 1 or 5 of Part 3 of Schedule 1, or

( b) she fails, without good cause, to attend for or to submit herself to any medical examination that may be required in accordance with regulations made under this section.”.