Social Welfare Consolidation Act 2005

Supplementary provisions.

[1997 s10(1)]

51

51.—(1) In this Chapter—

(a) F405[confinement means

(i) labour resulting in the issue of a living child, or

(ii) labour resulting in the issue of a stillborn child,

and confined shall be construed accordingly;]

F406[premature birth period means a period which

(a) commences on a date of confinement which occurs on or after 1 October 2017, and

(b) expires two weeks before the end of the expected week of confinement;]

F407[]

“relevant day” means the first day for which maternity benefit is claimed;

F408[‘stillborn child’ has the same meaning as it has in the Civil Registration Act 2004.]

(b) references to the date of the confinement shall be taken as referring, where labour begun on one day results in the issue of a child on another day, to the date of the issue of the child or, where a woman is confined with twins or a greater number of children, to the date of the issue of the last child.

[1997 s10(1)]

(2) In deciding whether or not to make an order under section 21A (inserted by the Status of Children Act 1987) of the Family Law (Maintenance of Spouses and Children) Act 1976, in so far as any such order relates to the payment of expenses incidental to the birth of a child, the Circuit Court or the District Court, as the case may be, shall not take into consideration the fact that the mother of the child is entitled to maternity benefit.

Annotations

Amendments:

F405

Substituted (16.09.2014) by Civil Registration (Electronic Registration) Act 2024 (27/20204), s. 23(a), S.I. No. 435 of 2024.

F406

Inserted (23.12.2017) by Social Welfare Act 2017 (38/2017), s. 15(2), commenced on enactment.

F407

Deleted (21.07.2010) by Social Welfare (Miscellaneous Provisions) Act 2010 (28/2010), s. 24(3), commenced on enactment.

F408

Inserted (16.09.2014) by Civil Registration (Electronic Registration) Act 2024 (27/20204), s. 23(b), S.I. No. 435 of 2024.

F409

Substituted by Family Courts Act 2024 (48/2024), s. 6 and sch. 2 item 6, not commenced as of date of revision.

Modifications (not altering text):

C38

Prospective amending provision: subs. (2) amended by Family Courts Act 2024 (48/2024), s. 6 and sch. 2 item 6, not commenced as of date of revision.

(2) In deciding whether or not to make an order under section 21A (inserted by the Status of Children Act 1987) of the Family Law (Maintenance of Spouses and Children) Act 1976, in so far as any such order relates to the payment of expenses incidental to the birth of a child, the F409[Family Circuit Court or the Family District Court], as the case may be, shall not take into consideration the fact that the mother of the child is entitled to maternity benefit.

Editorial Notes:

E371

Previous affecting provision: definition of ‘confinement’ in subs. (1)(a) substituted (24.12.2019) by Social Welfare (No. 2) Act 2019 (48/2019), s. 5, commenced on enactment; substituted (16.09.2024) as per F-Note above.