Social Welfare Consolidation Act 2005

Rate of benefit.

[1997 s10(1); 2004 SWA s7]

49

49.—F402[(1) Subject to this Act, the weekly rate of maternity benefit shall be—

(a) in the case of a claim for maternity benefit where the first day in respect of which benefit is payable is before 6 January 2014, an amount equal to the greater of—

(i) 80 per cent of the reckonable weekly earnings, reckonable weekly emoluments or reckonable weekly income, as the case may be, of the woman to whom the benefit is payable in the income tax year prescribed for the purposes of this section, or

(ii) the amount of illness benefit, including any increases of that benefit, which the woman would otherwise receive if she was entitled to that benefit, or

(iii) any amount that shall be prescribed, for the purposes of this paragraph,

or

(b) in the case of a claim for maternity benefit where the first day in respect of which benefit is payable is on or after 6 January 2014, an amount equal to the greater of—

(i) the amount of illness benefit, including any increases of that benefit, which the woman would otherwise receive if she was entitled to that benefit, or

F403[(ii) €299.]]

[1997 s10(1)]

(2) In this section “reckonable weekly earnings”, “reckonable weekly emoluments” and “reckonable weekly income” mean the average amount, calculated in accordance with regulations, of reckonable earnings, reckonable emoluments, reckonable income and any other income that may be prescribed, received in a week up to that limit that may be prescribed.

Annotations

Amendments:

F402

Substituted (6.01.2014) by Social Welfare and Pensions Act 2013 (38/2013), s. 5(1), commenced as per subs. (2).

F403

Substituted (5.01.2026) by Social Welfare and Automatic Enrolment Retirement Savings System (Amendment) Act 2025 (19/2025), s. 3(1), commenced as per subs. (2).

Editorial Notes:

E340

Power pursuant to subs. (1)(a)(iii) exercised (6.01.2014) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 9) (Maternity and Adoptive Benefit) Regulations 2013 (S.I. No. 514 of 2013), art. 3(a)—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 32(2)—in effect as per art. 2.

E341

Power pursuant to subs. (1)(a)(iii) exercised (3.01.2011) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 3) (Change in Rates) Regulations 2010 (S.I. No. 681 of 2010), art. 5(a)—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 32(2)—in effect as per art. 2(c).

E342

Power pursuant to subs. (2) exercised (3.01.2011) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 3) (Change in Rates) Regulations 2010 (S.I. No. 681 of 2010), art. 5(b)in effect as per art. 2—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 33—in effect as per art. 2(c).

E343

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. 32(1), in effect as per art. 2.

E344

Power pursuant to subs. (1)(a)(iii) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 32(2), in effect as per art. 2

E345

Power pursuant to subs. (2) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 33, in effect as per art. 2.

E346

Previous affecting provision: subs. (1)(b)(ii) amended (6.01.2025) by Social Welfare Act 2024 (36/2024), s. 4(1), commenced as per subs. (2); substituted (5.01.2026) as per F-Note above.

E347

Previous affecting provision: subs. (1)(b)(ii) amended (1.01.2024) by Social Welfare (Miscellaneous Provisions) Act 2023 (37/2023), s. 4, commenced as per s. 1(3); substituted (6.01.2025) as per E-Note above.

E348

Previous affecting provision: subs. (1)(b)(ii) amended (2.01.2023) by Social Welfare Act 2022 (43/2022), s. 5(1), commenced as per subs. (2); substituted (1.01.2024) as per E-Note above.

E349

Previous affecting provision: subs. (1)(b)(ii) amended (3.01.2022) by Social Welfare Act 2021 (44/2021), s. 5(1), commenced as per subs. (2); substituted (2.01.2023) as per E-Note above.

E350

Previous affecting provision: subs. (1)(b)(ii) amended (25.03.2019) by Social Welfare, Pensions and Civil Registration Act 2018 (37/2018), s. 5(1), commenced as per subs. (2) and S.I. No. 655 of 2018; substituted (3.01.2022) as per E-Note above.

E351

Previous affecting provision: subs. (1)(b)(ii) amended (26.03.2018) by Social Welfare Act 2017 (38/2017), s. 4(1), commenced as per subs. (2); substituted (25.03.2019) as per E-Note above.

E352

Previous affecting provision: subs. (1)(b)(ii) amended (13.03.2017) by Social Welfare Act 2016 (15/2016), s. 6(1), commenced as per subs. (2); substituted (26.03.2018) as per E-Note above.

E353

Previous affecting provision: power pursuant to subs. (1)(a)(iii) exercised (4.01.2010) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 7) (Change in Rates) Regulations 2009 (S.I. No. 584 of 2009), art. 5(a)—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 32(2)—in effect as per art. 2(c); substituted (3.01.2011) as per E-Note above.

E354

Previous affecting provision: power pursuant to subs. (2) exercised (4.01.2010) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 7) (Change in Rates) Regulations 2009 (S.I. No. 584 of 2009), art. 5(b)—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 33—in effect as per art. 2(c); substituted (3.01.2011) as per E-Note above.

E355

Previous affecting provision: power pursuant to subs. (1)(a)(iii) exercised (29.12.2008) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 4) (Increase in Rates) Regulations 2008 (S.I. No. 601 of 2008), art. 5—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 32(2)—in effect as per art. 2(c); substituted (4.01.2010) as per E-Note above.

E356

Previous affecting provision: power pursuant to subs. (1)(a)(iii) exercised (31.12.2007) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 8) (Increase in Rates) Regulations 2007 (S.I. No. 862 of 2007), art. 5(a)—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 32(2)—in effect as per art. 2(c); substituted (29.12.2008) as per E-Note above.

E357

Previous affecting provision: power pursuant to subs. (1)(c) exercised (1.01.2007) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 14) (Increase in Rates) Regulations 2006 (S.I. No. 692 of 2006), art. 5(a)—which amended Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 22(2)—in effect as per art. 2(c); 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.

E358

Previous affecting provision: power pursuant to subs. (2) exercised (1.01.2007) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 14) (Increase in Rates) Regulations 2006 (S.I. No. 692 of 2006), art. 5(b)—which amended Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 23—in effect as per art. 2(c); 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.

E359

Previous affecting provision: power pursuant to subs. (1)(a) exercised (1.11.2006) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 13) (Miscellaneous Provisions) Regulations 2006 (S.I. No. 571 of 2006), art. 4(b)—which amended Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 22(1)—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.

E360

Previous affecting provision: subs. (1) amended (2.10.2006) by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 4(1) and sch. 1 item 15, S.I. No. 334 of 2006; substituted (6.01.2014) as per F-Note above.

E361

Previous affecting provision: power pursuant to subs. (1)(c) exercised (2.01.2006) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 6) (Increase in Rates) Regulations 2005 (S.I. No. 880 of 2005), art. 5—which amended Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 22(2)—in effect as per art. 2(c); substituted (1.01.2007) as per E-Note above.

E362

Previous affecting provision: subs. (1) amended (1.01.2006) by Social Welfare Act 2005 (30/2005), s. 7(1)(b), commenced as per subs. (3)(a); further commenced (1.3.2006) by Social Welfare Act 2005 (Sections 7 and 8 (Commencement) Order 2006, S.I. No. 119 of 2006; substituted (6.01.2014) as per F-Note above.

E363

Previous affecting provision continued in force (1.12.2005) by s. 362(2) as if made under this Act: application of subs. (1) modified (16.12.2004)—as regards the benefit year commencing on 3.01.2005 and ending on 1.01.2006—by Social Welfare (Transitional Arrangements) (Alignment of Income Tax Year with Calendar Year) (No. 1) Regulations 2004 (S.I. No. 848 of 2004), art. 3(2).

E364

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. 22(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.

E365

Previous affecting provision: power pursuant to statutory precursor of subs. (1)(c) exercised (2.01.1995) by Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 22(2), in effect as per art. 2; amended as per Table below; 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.

Table

• amended (3.01.2005) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 5) (Increase in Rates) Regulations 2004 (S.I. No. 850 of 2004), art. 5, in effect as per art. 2(c)

• amended (29.12.2003) by Social Welfare (Consolidated Payments Provisions (Amendment) (No. 7) (Increase in Rates Regulations 2003 (S.I. No. 724 of 2003), art. 5, in effect as per art. 2(c).

• amended (30.12.2002) by Social Welfare (Consolidated Payments Provisions (Amendment) (No. 3) (Increase in Rates Regulations 2002 (S.I. No. 631 of 2002), art. 5, in effect as per art. 2(c).

• amended (31.12.2001) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 8) (Increase in Rates) Regulations 2001 (S.I. No. 650 of 2001), art. 6(a), in effect as per art. 2(c).

• amended (2.04.2001) by Social Welfare (Consolidated Payments Provisions) (Amendment) (Increase in Rates) Regulations 2001 (S.I. No. 99 of 2001), art. 6(a), in effect as per art. 2(c).

• amended (1.05.2000) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 5) (Increase in Rates) Regulations 2000 (S.I. No. 122 of 2000), art. 5(a), in effect as per art. 2(c).

• amended (31.05.1999) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 2) (Increase in Rates) Regulations 1999 (S.I. No. 164 of 1999), art. 5, in effect as per art. 2(c).

• amended (1.06.1998) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 5) (Increase in Rates) Regulations 1998 (S.I. No. 184 of 1998), art. 5, in effect as per art. 2(c).

• amended (9.06.1997) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 4) (Maternity and Adoptive Benefit) Regulations 1997 (S.I. No. 249 of 1997), art. 4(1)(a), in effect as per art. 2.

• amended (12.06.1995) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 3) Regulations 1995 (S.I. No. 146 of 1995), art. 7(1)(a), in effect as per art. 7(2).

E366

Previous affecting provision: power pursuant to statutory precursor of subs. (2) exercised (9.06.1997) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 4) (Maternity and Adoptive Benefit) Regulations 1997 (S.I. No. 249 of 1997), art. 4(b)—which substituted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 23—in effect as per art. 2; amended as per Table below; 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.

Table

• amended (31.12.2001) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 8) (Increase in Rates) Regulations 2001 (S.I. No. 650 of 2001), art. 6(b), in effect as per art. 2(c).

• amended (2.04.2001) by Social Welfare (Consolidated Payments Provisions) (Amendment) (Increase in Rates) Regulations 2001 (S.I. No. 99 of 2001), art. 6(b), in effect as per art. 2(c).

• amended (1.05.2000) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 5) (Increase in Rates) Regulations 2000 (S.I. No. 122 of 2000), art. 5(b), in effect as per art. 2(c).