Social Welfare Consolidation Act 2005

Entitlement to and duration of benefit.

[1997 s10(1)]

47

47.—(1) Subject to this Act, a woman shall be entitled to maternity benefit where—

(a) it is certified by a registered medical practitioner or otherwise to the satisfaction of the Minister that it is to be expected that the woman will be confined in a week specified in the certificate (hereafter in this section referred to as “the expected week of confinement”) not being more than the prescribed number of weeks after that in which the certificate is given, F394[or it is certified by a registered medical practitioner or otherwise to the satisfaction of the Minister that a woman has been confined,]

(b) in the case of an employed contributor, it is certified by the woman's employer that she is entitled to maternity leave under section 8 of the Maternity Protection Act 1994, and

(c) subject to subsection (2), she satisfies the contribution conditions in section 48.

[1997 s10(1)]

(2) The requirement in subsection (1)(c) shall not apply in the case of a claim for maternity benefit made by a woman who was in receipt of health and safety benefit under section 52 at any time during the pregnancy as a result of which it is expected that she will be confined.

[1997 s10(1)]

(3) Regulations may provide for entitling to maternity benefit, subject to the conditions and in the circumstances that may be prescribed, the class or classes of women who would be entitled to that benefit but for the fact that the contribution conditions in section 48 are not satisfied.

[1997 s10(1); 2001 s12(1)(a)]

(4)  F395[(a) Subject to this Act and paragraph (b), where a woman, who has been delivered of a living child, dies at any time following the week of her confinement and before the expiry of the payment to her of the maternity benefit that would have been payable to her had she not died, 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.]

(b) Paragraph (a) applies in the case of an employed contributor where it is certified by his employer that he is entitled to leave under section 16 of the Maternity Protection Act 1994.

(c) In this Act, a reference to maternity benefit shall be read as including a reference to benefit payable to a man under this subsection.

[1997 s10(1); 2004 (MP) s8(1)]

(5) Subject to this Chapter, maternity benefit shall be payable to—

(a) a woman, who is an employed contributor, for the period of maternity leave to which she is entitled under section 8 of the Maternity Protection Act 1994 (including any extension of that period by virtue of section 12 of that Act),

(b) a woman, who is in insurable self-employment, for F396[26] weeks—

(i) beginning not later than 2 weeks before the end of the expected week of confinement, and

(ii) ending not earlier than 4 weeks after the end of the expected week of confinement,

but if the date of confinement occurs in a week after the expected week of confinement, the period in respect of which benefit shall be payable shall be extended by the number of consecutive weeks, subject to a maximum of 4 consecutive weeks, after the week in which the date of confinement occurs as ensures compliance with subparagraph (ii),

F397[(ba) a woman referred to in paragraph (b), for a further period—

(i) that is in addition to the period referred to in paragraph (b) if, on or after 1 October 2017, the date of confinement occurs more than two weeks before the end of the expected week of confinement, and

(ii) the duration of that further period shall be equal to the duration of the premature birth period,]

F398[(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 F399[the longer period of time,]

(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,

F400[(III) where, on or after 1 October 2017, the date of confinement is more than two weeks before the end of the expected week of confinement and the mother dies before the expiry of a combined period which comprises—

(A) twenty-six weeks following the week of her confinement, and

(B) the duration of the premature birth period,

to the end of that combined period, or for 6 weeks, whichever is the longer period of time, or

(IV) where, on or after 1 October 2017, the date of confinement is more than two weeks before the end of the expected week of confinement and the mother dies after the expiry of the twenty-sixth week following the week of her confinement but before the expiry of a further combined period which comprises—

(A) forty-two weeks following the week of her confinement, and

(B) the duration of the premature birth period,

to the end of that further combined period, 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.]

[1997 s10(1)]

(6) Regulations may modify subsections (1) and (5) in relation to cases where—

(a) it is certified by a registered medical practitioner or otherwise to the satisfaction of the Minister that a woman has been confined, and

(b) a certificate referred to in subsection (1)(a) has not been given.

[2004 (MP) s8]

(7) Regulations may provide for the postponement of the payment of maternity benefit in the event of the hospitalisation of the child in respect of whose birth the person is entitled to that benefit, subject to the conditions and in the circumstances that may be prescribed.

F401[(7A) Regulations may provide for the postponement of the payment of maternity benefit in the event of the person who is entitled to that benefit having a serious health condition within the meaning of section 14C of the Maternity Protection Act 1994, subject to the conditions and in the circumstances that may be prescribed.]

[1997 s10(1); 2001 s37 & Sch F]

(8) For the purposes of this section, a Sunday shall not in any week be treated as a day of entitlement to maternity benefit and, accordingly, the amount payable by way of that benefit for any other day of a week shall be one-sixth of the appropriate weekly rate, subject to the total amount being paid at any time by virtue of this subsection being rounded up to the nearest 10 cent where it is a multiple of 5 cent but not also a multiple of 10 cent, and being rounded to the nearest 10 cent where it is not a multiple of 5 cent or 10 cent.

[1997 s10(1)]

(9) In the case of an employed contributor, where the employment ceases (whether due to the death of the employer or otherwise) during the period for which maternity benefit is payable under subsection (5), the beneficiary shall continue to be treated as if the event which caused the cesser of employment had not occurred.

[1997 s10(1)]

(10) Regulations may provide for requiring an employer or any other person to furnish any information that may be required for the purposes of determining a claim for maternity benefit.

Annotations

Amendments:

F394

Inserted (30.03.2007) by Social Welfare and Pensions Act 2007 (8/2007), s. 6(a)(i), commenced on enactment.

F395

Substituted (23.12.2017) by Social Welfare Act 2017 (38/2017), s. 15(1)(a), commenced on enactment.

F396

Substituted (1.03.2007) by Social Welfare Act 2006 (36/2006), s. 7(1)(b)(i) commenced as per subs. (2).

F397

Inserted (23.12.2017) by Social Welfare Act 2017 (38/2017), s. 15(1)(b), commenced on enactment.

F398

Substituted (30.03.2007) by Social Welfare and Pensions Act 2007 (8/2007), s. 6(a)(iii), commenced on enactment.

F399

Substituted (23.12.2017) by Social Welfare Act 2017 (38/2017), s. 15(1)(c)(i), commenced on enactment.

F400

Inserted (23.12.2017) by Social Welfare Act 2017 (38/2017), s. 15(1)(c)(ii), commenced on enactment.

F401

Inserted (20.11.2024) by Maternity Protection, Employment Equality and Preservation of Certain Records Act 2024 (Section 6) (Commencement) Order 2024 (37/2024), s. 6, S.I. No. 640 of 2024.

Editorial Notes:

E316

Power pursuant to subs. (7A) exercised (20.11.2024) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 19) (Postponement of Maternity Benefit in Certain Circumstances) Regulations 2024 (S.I. No. 641 of 2024), art. 4—which inserted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 30A—in effect as per art. 3.

E317

Power pursuant to subs. (10) exercised (1.11.2019) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 12) (Parent’s Benefit) Regulations 2019 (S.I. No. 554 of 2019), art. 6—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 181(3)—in effect as per art. 3.

E318

Power pursuant to subs. (1)(a) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 29(1), in effect as per art. 2.

E319

Power pursuant to subs. (3) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 31, in effect as per art. 2.

E320

Power pursuant to subs. (6) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), arts. 29(2) and 29(3), in effect as per art. 2.

E321

Power pursuant to subs. (7) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 30, in effect as per art. 2.

E322

Previous affecting provision: power pursuant to subs. (10) exercised (1.09.2016) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 2) (Paternity Benefit) Regulations 2016 (S.I. No. 442 of 2016), art. 6—which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 181(3)—in effect as per art. 3; substituted (1.11.2019) as per E-Note above.

E323

Previous affecting provision: power pursuant to subs. (10) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 181(3), in effect as per art. 2; substituted (1.09.2016) as per E-Note above.

E324

Previous affecting provision: subs. (4)(a) substituted (30.03.2007) by Social Welfare and Pensions Act 2007 (8/2007), s. 6(a)(ii), commenced on enactment; substituted (23.12.2017) as per F-Note above.

E325

Previous affecting provision: power pursuant to statutory precursor of subs. (6) exercised (23.03.2007) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 1) (Maternity Benefit and Miscellaneous Provisions) Regulations 2007 (S.I. No. 128 of 2007), art. 3(a), which amended Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 20(3); revoked (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 5 and sch. 17, in effect as per art. 2.

E326

Previous affecting provision: power pursuant to subs. (7) exercised (23.03.2007) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 1) (Maternity Benefit and Miscellaneous Provisions) Regulations 2007 (S.I. No. 128 of 2007), art. 3(b), which amended Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 20A(3)(b); revoked (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 5 and sch. 17, in effect as per art. 2.

E327

Previous affecting provision: subs. (4)(a) amended (1.03.2007) by Social Welfare Act 2006 (36/2006), s. 7(1)(a), commenced as per subs. (2); substituted (30.03.2007) as per E-Note above.

E328

Previous affecting provision: subs. (5)(c)(ii) amended (1.03.2007) by Social Welfare Act 2006 (36/2006), s. 7(1)(b), commenced as per subs. (2); substituted (30.03.2007) as per F-Note above.

E329

Previous affecting provision: power pursuant to subs. (7) exercised (1.11.2006) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 13) (Miscellaneous Provisions) Regulations 2006 (S.I. No. 571 of 2006), art. 10—which amended Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 20A(3)—in effect as per art. 2; revoked (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 5 and sch. 17, in effect as per art. 2.

E330

Previous affecting provision: power pursuant to statutory precursor of subs. (6) exercised (21.04.2006) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 7) (Maternity and Adoptive Benefit) Regulations 2006 (S.I. No. 202 of 2006), art. 3, which amended Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 20(3); revoked (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 5 and sch. 17, in effect as per art. 2.

E331

Previous affecting provision: subs. (4)(a) amended (1.03.2006) by Social Welfare Act 2005 (30/2005), s. 7(2), S.I. No. 119 of 2006; substituted (1.03.2007) as per E-Note above.

E332

Previous affecting provision: subs. (5)(b) amended (1.03.2006) by Social Welfare Act 2005 (30/2005), s. 7(1)(a)(ii), S.I. No. 119 of 2006; substituted (1.03.2007) as per F-Note above.

E333

Previous affecting provision: subs. (5)(c)(ii) amended (1.03.2006) by Social Welfare Act 2005 (30/2005), s. 7(1)(a)(iii), S.I. No. 119 of 2006; substituted (1.03.2007) as per E-Note above.

E334

Previous affecting provision: subs. (4)(a) amended (1.01.2006) by Social Welfare Act 2005 (30/2005), s. 7(1)(a)(i), commenced as per subs. (3)(a); substituted (1.03.2006) as per E-Note above.

E335

Previous affecting provision: power pursuant to statutory precursor of subs. (1)(a) exercised (2.01.1995) by Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 20(1), in effect as per art. 2; continued in force (1.12.2005) by s. 362(2) as if made under this Act; revoked (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 5 and sch. 17, in effect as per art. 2.

E336

Previous affecting provision: power pursuant to statutory precursor of subs. (3) exercised (2.01.1995) by Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 21, in effect as per art. 2; amended (6.06.1995) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 3) Regulations 1995 (S.I. No. 146 of 1995), art. 6; continued in force (1.12.2005) by s. 362(2) as if made under this Act; revoked (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 5 and sch. 17, in effect as per art. 2.

E337

Previous affecting provision: power pursuant to statutory precursor of subs. (6) exercised (2.01.1995) by Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 20(2) and art. 20(3), in effect as per art. 2; amended (18.10.2004) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 4) (Maternity Benefit) Regulations 2004 (S.I. No. 660 of 2004), art. 4, in effect as per art. 3; continued in force (1.12.2005) by s. 362(2) as if made under this Act; revoked (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 5 and sch. 17, in effect as per art. 2.

E338

Previous affecting provision: power pursuant to statutory precursor of subs. (7) exercised (18.10.2004) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 4) (Maternity Benefit) Regulations 2004 (S.I. No. 660 of 2004), art. 5—which inserted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 20A—in effect as per art. 3; continued in force (1.12.2005) by s. 362(2) as if made under this Act; revoked (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 5 and sch. 17, in effect as per art. 2.

E339

Previous affecting provision: power pursuant to statutory precursor of subs. (10) exercised (6.06.1995) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 3) Regulations 1995 (S.I. No. 146 of 1995), which substituted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 101(3); continued in force (1.12.2005) by s. 362(2) as if made under this Act; revoked (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 5 and sch. 17, in effect as per art. 2.