Maternity & Like Benefits
SWCA 2005
Chapter 9
Maternity Benefit (ss. 47-51)
47.
Entitlement to and duration of benefit.
(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, 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.
(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.
(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.
(4)
(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.
(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 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),
(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,
(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,
(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,
(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.
(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.
(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.
(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.
(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.
(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.
48.
Conditions for receipt.
The contribution conditions for maternity benefit are –
(a)in the case of an employed contributor –
(i)
(I)that the claimant has qualifying contributions in respect of not less than 39 contribution weeks in the period beginning with her entry into insurance and ending immediately before the relevant day, and
(II)
(A)that the claimant has qualifying contributions or credited contributions in respect of not less than 39 contribution weeks in the second last complete contribution year before the beginning of the benefit year in which the relevant day occurs or in a subsequent complete contribution year before the relevant day, or
(B)that the claimant has qualifying contributions in respect of not less than 26 contribution weeks in each of the second last and third last complete contribution years before the beginning of the benefit year in which the relevant day occurs,
or
(ii)that the claimant has qualifying contributions in respect of not less than 39 contribution weeks in the 12 months immediately before the relevant day, or having been in insurable self-employment, she satisfies the contribution conditions in paragraph (b),
(b)in the case of a person in insurable self-employment –
(i)that the claimant has qualifying contributions in respect of not less than 52 contribution weeks in the second last complete contribution year or in the third last complete contribution year before the beginning of the benefit year in which the relevant day occurs, or in a subsequent complete contribution year before the relevant day, or
(ii)where the claimant was previously an employed contributor, that she satisfies the contribution conditions in paragraph (a) (i) or that she has employment contributions in respect of not less than 39 contribution weeks in the 12 months immediately before the relevant day.
49.
Rate of benefit.
(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
(ii)€274.
(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.
50. Disqualifications.
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.s
51.
Supplementary provisions.
(1)In this Chapter –
(a)”confinement”means –
(i)labour resulting in the issue of a living child,
(ii)labour, after 24 weeks of pregnancy, resulting in the issue of a child whether alive or dead, or
(iii)labour resulting in the issue of a child who, at birth, weighs not less than 500 grammes, whether alive or dead,
and “confined” shall be construed accordingly;
“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;
“relevant day” means the first day for which maternity benefit is claimed;
(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.
(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.
Chapter 10
Health and Safety Benefit (ss. 52-57)
52.
Entitlement to benefit.
(1)In this Chapter –
“confined” and “confinement” have the meanings given to them by section 51;
“relevant period” has the meaning given to it by section 18(6) of the Maternity Protection Act 1994.
(2)Subject to this Act, a woman shall be entitled to health and safety 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 she will be confined or that she has been confined, as the case may be, in a week specified in the certificate,
(b)it is certified by her employer, in accordance with section 18 (2) of the Maternity Protection Act 1994, that she has been granted leave under section 18 of that Act (hereafter in this Chapter referred to as “health and safety leave”), and
(c)she satisfies the conditions in section 53.
(3)For the purposes of this Chapter –
(a)any 2 periods of health and safety leave arising in a relevant period shall be treated as one period of health and safety leave, and
(b)a Sunday shall not in any week be treated as a day of entitlement to health and safety 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.
53.
Conditions for receipt.
(1)The conditions for health and safety benefit are –
(a)
(i)that the claimant has qualifying contributions in respect of not less than 13 contribution weeks in the 12 months immediately before the expected date of confinement or the actual date of confinement, as the case may be, or
(ii)
(I)that the claimant has qualifying contributions in respect of not less than 104 contribution weeks in the period beginning with her entry into insurance and ending immediately before the first day for which health and safety benefit is claimed, and
(II)
(A)that the claimant has qualifying contributions or credited contributions in respect of not less than 39 contribution weeks, in the second last complete contribution year before the beginning of the benefit year or in a subsequent complete contribution year which includes the first day for which health and safety benefit is claimed, of which at least 13 must be qualifying contributions, or
(B)that the claimant has qualifying contributions in respect of not less than 26 contribution weeks in each of the second last and third last complete contribution years before the beginning of the benefit year which includes the first day for which health and safety benefit is claimed,
and
(b)that the claimant has prescribed reckonable weekly earnings in excess of a prescribed amount in a prescribed period.
(2)In the case of a claim for health and safety benefit where the period of health and safety leave began before 5 April 2004, subsection (1)(a)(ii)(I) shall be read as if “39” were substituted for “52”.
(2A)In the case of a claim for health and safety benefit where the period of health and safety leave began on or after 5 April 2004 and before 5 January 2009, subsection (1)(a)(ii)(I) shall be read as if ’52’ were substituted for ‘104’.
(3)The requirement in subsection (1)(a) shall not apply in the case of a claim for health and safety benefit which is made in a relevant period where the claimant was previously in receipt of maternity benefit under section 47 in that relevant period.
(4)Subject to subsection (5), regulations may provide for entitling to health and safety benefit a woman who would be entitled to that benefit but for the fact that the condition in subsection (1)(b) is not satisfied.
(5)Regulations for the purposes of subsection (4) shall provide that benefit payable by virtue of that subsection shall be payable at a rate less than that specified in Schedule 2, and the rate specified by the regulations may vary with the extent to which the condition in subsection (1)(b) is satisfied.
(6)The requirement contained in subsection (1)(b) that the claimant must have prescribed reckonable weekly earnings in excess of a prescribed amount in the prescribed period shall not apply in the case of a claim for health and safety benefit made by a person in the benefit year in which that person, having been a volunteer development worker, returns to the State from a developing country or in the next 2 succeeding benefit years.
54.
Duration of payment.
(1)Subject to this Chapter, health and safety benefit shall be payable from the day immediately following the last of the 21 days of health and safety leave in respect of which the claimant is entitled to receive remuneration from her employer under section 18(4) of the Maternity Protection Act 1994 and regulations made under that subsection and shall continue to be payable for the period of health and safety leave granted to the claimant under Part III of the Maternity Protection Act 1994.
(2)Health and safety benefit shall not be payable for any day in respect of which maternity benefit under section 47 is payable.
(3)Where the woman who is entitled to health and safety benefit dies, the benefit shall not be payable for any subsequent day.
55.
Rate of benefit.
Subject to this Act, the weekly rate of health and safety benefit shall be as set out in column (2) of Part 1 of Schedule 2.
56.
Increases for qualified adult and qualified children.
(1)The weekly rate of health and safety benefit shall be increased by the amount set out in column (3) of Part 1 of Schedule 2 for any period during which the beneficiary has a qualified adult, subject to the restriction that a beneficiary shall not be entitled for the same period to an increase of benefit under this subsection in respect of more than one person.
(2)The weekly rate of health and safety benefit shall be increased by the amount set out –
(a)in column (4) of Part 1 of Schedule 2 in respect of each qualified child who has not attained the age of 12 years who normally resides with the beneficiary, and
(b)in column (5) of Part 1 of Schedule 2 in respect of each qualified child who has attained the age of 12 years who normally resides with the beneficiary.
(3)Subject to subsection (4), any increase of health and safety benefit payable under subsection (2) in respect of a qualified child who normally resides with the beneficiary and with the spouse of a beneficiary shall be payable at the rate of one-half of the appropriate amount in any case where the spouse, civil partner or cohabitant of the beneficiary is not a qualified adult and subsection (2) shall be read and have effect accordingly.
(4)Subsection (3) shall not apply and no increase of health and safety benefit payable under subsection (2) in respect of a qualified child who normally resides with the beneficiary and with the spouse, civil partner or cohabitant of a beneficiary shall be payable where the weekly income of that spouse, calculated or estimated in the manner that may be prescribed, exceeds the amount that may be prescribed.
57.
Disqualifications.
A woman shall be disqualified for receiving health and safety benefit during any period in which she engages in any occupation other than domestic activities in her own household.
Chapter 11
Adoptive Benefit (ss. 58-61)
58.
Entitlement to and duration of adoptive benefit.
(1)In this Chapter –
“adopting parent” means –
(a)a qualifying adopter, or
(b)a surviving parent;
“certificate of placement” has the meaning given to it by section 13 of the Adoptive Leave Act 1995;
“day of placement” has the meaning given to it by section 2(1) of the Adoptive Leave Act 1995;
“qualifying adopter” –
(a)in the case of an employed contributor, has the meaning given to it by section 2(1) of the Adoptive Leave Act 1995 (as amended by section 5 of the Family Leave and Miscellaneous Provisions Act 2021), or
(b)in the case of a person in insurable self-employment means –
(i)in the case of a child who is, or is to be, adopted jointly by a married couple, a couple who are civil partners of each other or a cohabiting couple, the member of the couple concerned, chosen by that couple to be the qualifying adopter for the purposes of this Act, and in whose care the child (of whom neither the qualifying adopter nor his or her spouse, civil partner or cohabitant, as the case may be, is the mother or father) has been placed or is to be placed with a view to the making of an adoption order, or to the effecting of a foreign adoption or following any such adoption, or
(ii)in any other case, a person who is not a surviving parent in whose care a child has been placed or is to be placed with a view to the making of an adoption order, or to the effecting of a foreign adoption or following any such adoption;
“surviving parent” –
(a)in the case of an employed contributor, has the meaning given to it by section 2(1) of the Adoptive Leave Act 1995 (as amended by section 5 of the Family Leave and Miscellaneous Provisions Act 2021), or
(b)in the case of a person in insurable self-employment means a person who was the spouse, civil partner or cohabitant, as the case may be, of the qualifying adopter where the qualifying adopter concerned has died.
(2)Subject to this Act, an adopting parent shall be entitled to adoptive benefit where –
(a)
(i)in the case of an employed contributor, it is certified by the adopting parent’s employer that the adopting parent is entitled to adoptive leave under the Adoptive Leave Act 1995, or
(ii)in the case of a person in insurable self-employment, a certificate of placement is issued to the adopting parent,
and
(b)the adopting parent satisfies the contribution conditions in section 59.
(3)Regulations may provide for entitling to adoptive benefit, subject to the conditions and in the circumstances that may be prescribed, the class or classes of adopting parents who would be entitled to that benefit but for the fact that the contribution conditions in section 59 are not satisfied.
(4)Subject to this Chapter, adoptive benefit shall be payable –
(a)in the case of an employed contributor –
(i)for the period of adoptive leave to which the adopting parent is entitled under section 6 of the Adoptive Leave Act 1995, or
(ii)for the period of adoptive leave to which the adopting parent is entitled under section 9 of the Adoptive Leave Act 1995 or for 6 weeks, whichever is the longer period of time, and the provisions of section 59 shall not apply,
(b)in the case of a person in insurable self-employment, being –
(i)a qualifying adopter within the meaning of paragraph (b) of that definition, for 24 consecutive weeks beginning on the day of placement, or
(ii)a surviving parent within the meaning of paragraph (b) of that definition –
(I)before the day of placement, for 24 consecutive weeks beginning on the day of placement, or
(II)on or after the day of placement, for a period of 24 weeks less a period equivalent to the period beginning on the day of placement and ending on the date of death of the qualifying adopter or for 6 weeks, whichever is the longer period of time, and the provisions of section 59 shall not apply,
but where the beneficiary dies, the benefit shall not be payable for any subsequent day.
(5)For the purposes of this section, a Sunday shall not in any week be treated as a day of entitlement to adoptive 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.
(6)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 adoptive benefit is payable in accordance with subsection (4), the beneficiary shall continue to be treated as if the event which caused the cesser of employment had not occurred.
(7)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 adoptive benefit.
(8)Regulations may provide for the post-ponement of the payment of adoptive benefit in the event of the hospitalisation of the child in respect of whose adoption the person is entitled to that benefit, subject to the conditions and in the circumstances that may be prescribed.
59.
Conditions for receipt.
(1)The contribution conditions for adoptive benefit are –
(a)in the case of an employed contributor –
(i)
(I)that the claimant has qualifying contributions in respect of not less than 39 contribution weeks in the period beginning with the claimant’s entry into insurance and ending immediately before the relevant day, and
(II)
(A)that the claimant has qualifying contributions or credited contributions in respect of not less than 39 contribution weeks in the second last complete contribution year before the beginning of the benefit year in which the relevant day occurs or in a subsequent complete contribution year before the relevant day, or
(B)that the claimant has qualifying contributions in respect of not less than 26 contribution weeks in each of the second last and third last complete contribution years before the beginning of the benefit year in which the relevant day occurs,
or
(ii)that the claimant has qualifying contributions in respect of not less than 39 contribution weeks in the 12 months immediately before the relevant day, or having been in insurable self-employment satisfies the contribution conditions in paragraph (1) (b),
(b)in the case of a person in insurable self-employment –
(i)that the claimant has qualifying contributions in respect of not less than 52 contribution weeks in the second last complete contribution year or in the third last complete contribution year before the beginning of the benefit year in which the relevant day occurs, or in a subsequent complete contribution year before the relevant day, or
(ii)where the claimant was previously an employed contributor, that he or she satisfies the contribution conditions in paragraph (a) (i) or that he or she has employment contributions in respect of not less than 39 contribution weeks in the 12 months immediately before the relevant day.
(2)In subsection (1) “relevant day” means the first day for which adoptive benefit is claimed.
60.
Rates of adoptive benefit.
(1)Subject to this Act, the weekly rate of adoptive benefit shall be –
(a)in the case of a claim for adoptive 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 adoptive 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 person would otherwise receive if he or she was entitled to that benefit, or
(ii)€274.
(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 received in a week that may be prescribed up to the limit that may be prescribed.
61.
Disqualification.
Regulations may provide for disqualifying an adopting parent for receiving adoptive benefit where, during the period for which the benefit is payable, the adopting parent 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.
Chapter 11A
Paternity Benefit (ss. 61A-61E)
61A.
Interpretation
(1)In this Chapter –
“Act of 1995” means the Adoptive Leave Act 1995;
“Act of 2010” means the Adoption Act 2010;
“Act of 2016” means the Paternity Leave and Benefit Act 2016;
“certificate of placement” has the meaning assigned to it by section 13 of the Act of 1995;
“confinement” has the same meaning as it has in Chapter 9 and “confined” shall be construed accordingly;
“date of confinement” shall be construed in accordance with section 51(1)(b);
“day of placement” has the same meaning as it has in the Act of 2016;
“declaration of eligibility and suitability” has the same meaning as it has in the Act of 2010;
“expected week of confinement” has the meaning assigned to it by section 61B(1)(b)(ii)(I);
“paternity leave” has the meaning assigned to it by section 6 of the Act of 2016;
“provides care in relation to a child” shall be construed in accordance with section 61B(3);
“qualifying adopter” –
(a)in the case of an employed contributor, has the meaning given to it by section 2(1) of the Act of 1995, or
(b)in the case of a person in insurable self-employment means –
(i)in the case of a child who is, or is to be, adopted jointly by a married couple, a couple who are civil partners of each other or a cohabiting couple, the member of the couple concerned, chosen by that couple to be the qualifying adopter for the purposes of this Act, and in whose care the child (of whom neither the qualifying adopter nor his or her spouse, civil partner or cohabitant, as the case may be, is the mother or father) has been placed or is to be placed with a view to the making of an adoption order, or to the effecting of a foreign adoption or following any such adoption, or
(ii)in any other case, a person who is not a surviving parent in whose care a child has been placed or is to be placed with a view to the making of an adoption order, or to the effecting of a foreign adoption or following any such adoption;
“relevant day” means the first day for which paternity benefit is claimed;
“relevant parent” in relation to a child –
(a)in the case of an employed contributor, has the meaning given to it by section 2(1) of the Act of 2016, and
(b)in the case of a person in insurable self-employment, means a person (other than the mother of the child) who is –
(i)in the case of a child who is, or is to be, adopted jointly by a married couple, a couple who are civil partners of each other or a cohabiting couple, the member of the couple concerned, chosen by that couple to be the relevant parent for the purposes of this Chapter,
or
(ii)in any other case –
(I)the father of the child,
(II)the spouse, civil partner or cohabitant, as the case may be, of the mother of the child, or
(III)a parent of the child under section 5 of the Children and Family Relationships Act 2015 where the child is a donor-conceived child within the meaning of Part 2 of that Act;
“surviving parent” means, in relation to a child whose relevant parent has died –
(a)in the case of a child who is, or is to be, adopted, the qualifying adopter of the child, or
(b)in any other case, the mother of the child;
“transferred paternity leave” has the meaning assigned to it by section 15 of the Act of 2016.
(2)For the purpose of this Chapter, a reference to a child who is, or is to be, adopted is a reference to a child who is, or is to be, the subject of –
(a)an adoption order within the meaning of the Act of 2010, or
(b)an intercountry adoption effected outside the State within the meaning of that Act and recognised under that Act.
(3)In this Chapter, a reference to the mother of a child includes a reference to the expectant mother of a child, unless the context otherwise requires.
61B.
Entitlement to and duration of benefit
(1)Subject to this Act, a relevant parent shall be entitled to paternity benefit in respect of a period during which the relevant parent provides care in relation to a child where –
(a)in the case of an employed contributor, it is certified by the employer of the relevant parent that he or she is entitled to paternity leave under the Act of 2016,
(b)in the case of a person in insurable self-employment, being –
(i)a relevant parent referred to in paragraph (b)(i) of the definition of ‘relevant parent’ in section 61A(1) –
(I)a certificate of placement is issued in relation to the child, or
(II)a declaration of eligibility and suitability is issued in relation to the child and particulars in writing are provided of the day of placement or expected day of placement,
or
(ii)a relevant parent referred to in paragraph (b)(ii) of the definition of ‘relevant parent’ in section 61A(1) –
(I)it is certified by a registered medical practitioner, or otherwise to the satisfaction of the Minister, that it is expected that the mother of the child will be confined in a week specified in the certificate (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, or
(II)it is certified by a registered medical practitioner, or otherwise to the satisfaction of the Minister, that the mother of the child has been confined,
and
(c)subject to subsection (2), the relevant parent satisfies the contribution conditions in section 61C.
(2)Regulations may provide for entitling to paternity benefit, subject to the conditions and in the circumstances that may be prescribed, the class or classes of persons who would be entitled to that benefit but for the fact that the contribution conditions in section 61C are not satisfied.
(3)Paternity benefit shall be payable under this Chapter to a relevant parent in relation to a child for the purpose of enabling the relevant parent to provide, or assist in the provision of, care to the child or to provide support to the qualifying adopter or mother of the child, as the case may be, or both, and ‘provides care in relation to a child’ shall be construed accordingly.
(4)Subject to subsections (5) and (7)(c) –
(a)only one paternity benefit shall be payable in relation to a child, and
(b)where –
(i)the birth of the child is part of a multiple birth of 2 or more children, or
(ii)a person adopts 2 or more children at the same time,
only one paternity benefit shall be payable in relation to the children concerned.
(5)Subsection (4) shall not operate to prevent paternity benefit from being paid to a relevant parent referred to in paragraph (b)(i) of the definition of ‘relevant parent’ in section 61A(1) in relation to a child by reason only that paternity benefit has already been paid in relation to that child to a person other than the relevant parent concerned prior to the adoption of the child.
(6)The surviving parent of a child shall be entitled to benefit under this Chapter as if he or she were the relevant parent and the provisions of this Chapter (other than section 61C) shall apply in the case of the surviving parent where –
(a)in the case of a surviving parent who is an employed contributor, it is certified by the employer of the surviving parent that he or she is entitled to transferred paternity leave under the Act of 2016, or
(b)in any other case, the relevant parent entitled to paternity benefit in relation to the child dies before the expiry of the twenty-eighth week following the date of confinement or day of placement.
(7)Subject to this Chapter, paternity benefit shall be payable –
(a)in the case of an employed contributor –
(i)for the period of paternity leave to which the relevant parent is entitled under the Act of 2016, or
(ii)for the period of transferred paternity leave to which a surviving parent is entitled under the Act of 2016,
(b)in the case of a person in insurable self-employment, being –
(i)a relevant parent referred to in paragraph (b)(i) of the definition of ‘relevant parent’ in section 61A(1), for 2 consecutive weeks –
(I)beginning on or after the day of placement, and
(II)ending not later than 28 weeks after the day of placement, or
(ii)a relevant parent referred to in paragraph (b)(ii) of the definition of ‘relevant parent’ in section 61A(1), for 2 consecutive weeks –
(I)beginning on or after the date of confinement, and
(II)ending not later than 28 weeks after the date of confinement,
or
(c)in the case of a surviving parent entitled to paternity benefit under subsection (6)(b), being –
(i)the qualifying adopter of the child, for 2 consecutive weeks less any period for which paternity benefit has already been paid in relation to the child –
(I)where he or she is entitled to or is in receipt of adoptive benefit under Chapter 11, beginning on the day immediately after the last day for which adoptive benefit is claimed by the surviving parent, or
(II)in any other case, within the period specified in paragraph (b)(i)(I) and (II),
or
(ii)the mother of the child, for 2 consecutive weeks less any period for which paternity benefit has already been paid in relation to the child –
(I)where she is entitled to or is in receipt of maternity benefit under Chapter 9, beginning on the day immediately after the last day for which maternity benefit is claimed by the surviving parent, or
(II)in any other case, within the period specified in paragraph (b)(ii)(I) and (II),
but where the surviving parent dies, the benefit shall not be payable for any subsequent day.
(8)Where a relevant parent to whom paternity benefit is payable in accordance with subsection (7)(b) becomes entitled –
(a)pursuant to section 47(4), to maternity benefit under Chapter 9, or
(b)pursuant to section 58(4)(b)(ii), to adoptive benefit under Chapter 11, the payment of the paternity benefit shall be postponed to the day immediately after the last day for which maternity benefit or adoptive benefit is claimed by the relevant parent.
(9)Where a relevant parent is entitled to paternity benefit in accordance with subsection (1)(b)(ii)(I), the payment of the paternity benefit in accordance with this Chapter may be postponed in the event that the date of confinement occurs after the expected week of confinement and regulations may provide for the period of such postponement.
(10)In the event of the hospitalisation of the child in relation to whom the relevant parent is entitled to paternity benefit, the payment of the paternity benefit in accordance with this Chapter may be postponed and regulations may provide for the period of such postponement.
(11)Where provision is made under subsection (10) for the postponement of the payment of paternity benefit, the payment may be payable after the period specified in subsection (7)(b)(i) or (ii) but shall not be postponed to a day later than the day immediately after the day on which the child is discharged from hospital.
(12)For the purposes of this section, a Sunday shall not in any week be treated as a day of entitlement to paternity 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.
(13)In the case of an employed contributor, where the employment ceases during the period for which paternity benefit is payable under this Chapter, the beneficiary shall continue to be treated as if the event which caused the cesser of employment had not occurred.
(14)Subject to subsection (6), a person who is entitled to, or is in receipt of, adoptive benefit under Chapter 11 in accordance with section 58(4)(a)(i) or (b)(i) shall not be entitled to benefit under this Chapter.
(15)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 paternity benefit.
(16)This section applies –
(a)in the case of a child who is, or is to be, adopted, where the day of placement in respect of the child falls on or after 1 September 2016, or
(b)in any other case, where the date of confinement in respect of the child falls on or after 1 September 2016.
61C.
Conditions for receipt
The contribution conditions for paternity benefit are –
(a)in the case of an employed contributor –
(i)
(I)that the claimant has qualifying contributions in respect of not less than 39 contribution weeks in the period beginning with his or her entry into insurance and ending immediately before the relevant day, and
(II)
(A)that the claimant has qualifying contributions or credited contributions in respect of not less than 39 contribution weeks in the second last complete contribution year before the beginning of the benefit year in which the relevant day occurs or in a subsequent complete contribution year before the relevant day, or
(B)that the claimant has qualifying contributions in respect of not less than 26 contribution weeks in each of the second last and third last complete contribution years before the beginning of the benefit year in which the relevant day occurs,
or
(ii)that the claimant has qualifying contributions in respect of not less than 39 contribution weeks in the 12 months immediately before the relevant day, or having been in insurable self-employment, he or she satisfies the contribution conditions in paragraph (b),
and
(b)in the case of a person in insurable self-employment –
(i)that the claimant has qualifying contributions in respect of not less than 52 contribution weeks in the second last complete contribution year or in the third last complete contribution year before the beginning of the benefit year in which the relevant day occurs, or in a subsequent complete contribution year before the relevant day, or
(ii)where the claimant was previously an employed contributor, that he or she satisfies the contribution conditions in paragraph (a)(i) or that he or she has employment contributions in respect of not less than 39 contribution weeks in the 12 months immediately before the relevant day.
61D.
Rate of benefit
Subject to this Act, the weekly rate of paternity benefit shall be an amount equal to the greater of –
(a)the amount of illness benefit, including any increases of that benefit, which the person would otherwise receive if he or she was entitled to that benefit, or
(b)€274.
61E.
Disqualification
Regulations may provide for disqualifying a relevant parent or a surviving parent for receiving paternity benefit where, during the period for which the benefit is payable, the relevant parent or surviving parent 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.
Chapter 11B
Parent’s Benefit (ss. 61F-61J)
61F.
Interpretation
(1)In this Chapter –
“Act of 1995” means the Adoptive Leave Act 1995;
“Act of 2010” means the Adoption Act 2010;
“Act of 2019” means the Parent’s Leave and Benefit Act 2019;
“certificate of placement” has the meaning assigned to it by section 13 of the Act of 1995;
“day of placement” has the same meaning as it has in the Act of 2019;
“declaration of eligibility and suitability” has the same meaning as it has in the Act of 2010;
“parent’s leave” has the meaning assigned to it by section 5(1) of the Act of 2019;
“qualifying adopter” –
(a)in the case of an employed contributor, has the meaning given to it by section 2(1) of the Act of 1995 (as amended by section 5 of the Family Leave and Miscellaneous Provisions Act 2021), and
(b)in the case of a person in insurable self-employment means –
(i)in the case of a child who is, or is to be, adopted jointly by a married couple, a couple who are civil partners of each other or a cohabiting couple, the member of the couple concerned, chosen by that couple to be the qualifying adopter for the purposes of this Act, and in whose care the child (of whom neither the qualifying adopter nor his or her spouse, civil partner or cohabitant, as the case may be, is the mother or father) has been placed or is to be placed with a view to the making of an adoption order, or to the effecting of a foreign adoption or following any such adoption, or
(ii)in any other case, a person who is not a surviving parent in whose care a child has been placed or is to be placed with a view to the making of an adoption order, or to the effecting of a foreign adoption or following any such adoption;
“relevant day” means the first day for which parent’s benefit is claimed;
“relevant parent”, in relation to a child –
(a)in the case of an employed contributor, has the same meaning as it has in section 2(1) of the Act of 2019, and
(b)in the case of a person in insurable self-employment, means a person who is –
(i)in the case of a child who is, or is to be, adopted –
(I)where the child is or is to be adopted jointly –
(A)the qualifying adopter of the child, and
(B)the spouse, civil partner or cohabitant, as the case may be, of the qualifying adopter of the child chosen by that couple to be the relevant parent for the purposes of this Chapter,
or
(II)in any other case, the person in whose care the child has been or is to be placed with a view to the making of an adoption order, or to the effecting of a foreign adoption or following any such adoption,
and
(ii)in any other case –
(I)a parent of the child,
(II)the spouse, civil partner or cohabitant, as the case may be, of a parent of the child, or
(III)a parent of the child under section 5 of the Children and Family Relationships Act 2015 where the child is a donor-conceived child within the meaning of Part 2 of that Act;
“surviving parent”, in relation to a child whose relevant parent has died, means –
(a)in the case of a child who is, or is to be, adopted, where the deceased relevant parent was a member of a couple referred to in paragraph (b)(i)(I) of the definition of relevant parent, the other member of that couple,
and
(b)in any other case –
(i)where the deceased relevant parent of the child was a parent referred to in paragraph (b)(ii)(I) or (b)(ii)(III), as the case may be, of the definition of relevant parent, the other parent of the child or the spouse, civil partner or cohabitant, as the case may be, of the deceased relevant parent, and
(ii)where the deceased relevant parent of the child was the spouse, civil partner or cohabitant, as the case may be, of a parent referred to in paragraph (b)(ii)(I) or (b)(ii)(III), as the case may be, of the definition of relevant parent, the parent concerned;
“transferred parent’s leave” has the same meaning as it has in the Act of 2019.
(2)For the purpose of this Chapter, a reference to a child who is adopted is a reference to a child who is the subject of –
(a)an adoption order within the meaning of the Act of 2010, or
(b)an intercountry adoption effected outside the State and recognised under that Act.
61G.
Entitlement to and duration of benefit
(1)Subject to this Act, a relevant parent shall be entitled to parent’s benefit in respect of a period during which the relevant parent provides care and assistance in relation to a child, ending not later than 104 weeks after the birth of the child or the day of placement of the child, where –
(a)the relevant parent –
(i)is an employed contributor and it is certified by his or her employer that the parent is entitled to parent’s leave under Part 2 of the Act of 2019, or
(ii)is in insurable self-employment, and
(b)subject to subsection (2), the relevant parent satisfies the contribution conditions in section 61H.
(2)Regulations may provide for entitling to parent’s benefit, subject to the conditions and in the circumstances that may be prescribed, the class or classes of persons who would be entitled to that benefit but for the fact that the contribution conditions in section 61H are not satisfied.
(3)Parent’s benefit shall be payable under this Chapter to a relevant parent in relation to a child for the purpose of enabling the relevant parent to provide, or assist in the provision of, care to the child.
(4)A person who is a relevant parent in more than one capacity in respect of a child shall not be entitled to parent’s benefit in more than one such capacity in respect of the child.
(5)Subject to subsections (6) and (10)(c), only one parent’s benefit shall be payable to a relevant parent in relation to a child and where –
(a)the birth of the child is part of a multiple birth of 2 or more children, or
(b)a person adopts 2 or more children at the same time,
only one parent’s benefit shall be payable to a relevant parent in relation to the children concerned.
(6)Subsection (5) shall not operate to prevent parent’s benefit being paid to a relevant parent referred to in paragraph (b)(i) of the definition of relevant parent in section 61F(1), in relation to a child by reason only that parent’s benefit has already been paid in relation to that child to a person other than the relevant parent concerned prior to the adoption of the child.
(7)Subject to this Chapter, parent’s benefit, for the period specified in subsection (10)(b)(i) or (ii), may be paid in respect of –
(a)a continuous period of parent’s leave, or
(b)periods of parent’s leave each consisting of not less than 1 week.
(8)Where the parent’s leave is taken in accordance with subsection (7)(b), the employer must certify that the relevant parent is entitled to each period of leave under Part 2 of the Act of 2019.
(9)Subject to section 61H(2), the relevant parent must, at the time of application, satisfy the conditions for receipt of parent’s benefit, as set out in section 61H(1).
(10)Subject to this Chapter, parent’s benefit shall be payable –
(a)in the case of an employed contributor –
(i)for the period of parent’s leave to which the relevant parent is entitled under Part 2 of the Act of 2019, or
(ii)for the period of transferred parent’s leave to which a surviving parent is entitled under Part 2 of the Act of 2019,
(b)in the case of a person in insurable self-employment, being –
(i)a relevant parent referred to in paragraph (b)(i) of the definition of relevant parent, for a continuous period of seven consecutive weeks or periods consisting of not less than one week –
(I)beginning on or after the day of placement of the child, and
(II)ending not later than 104 weeks after the day of placement of the child,
or
(ii)a relevant parent referred to in paragraph (b)(ii) of the definition of relevant parent, for a continuous period of seven consecutive weeks or periods consisting of not less than one week –
(I)beginning on or after the date of birth of the child, and
(II)ending not later than 104 weeks after the date of birth of the child,
or
(c)in the case of a surviving parent entitled to parent’s benefit under subsection (11)(b)(ii) being the relevant parent of the child, for 7 weeks taken as a continuous period or periods consisting of not less than one week, less any period for which parent’s benefit has already been paid in relation to the child but where the surviving parent dies, the benefit shall not be payable for any subsequent day.
(11)
(a)Subject to paragraph (b), parent’s benefit shall not be transferable between relevant parents.
(b)The surviving parent of a child shall be entitled to benefit under this Chapter as if he or she were the relevant parent and the provisions of this Chapter (other than section 61H) shall apply in the case of the surviving parent where –
(i)in the case of a surviving parent who is an employed contributor, it is certified by the employer of the surviving parent that he or she is entitled to transferred parent’s leave under Part 2 of the Act of 2019, or
(ii)in any other case, the relevant parent entitled to parent’s benefit in relation to the child dies before the expiry of the one hundredth and fourth week following the date of birth or the day of placement.
(12)In the event of the hospitalisation of the child in relation to whom the relevant parent is entitled to parent’s benefit, the payment of the parent’s benefit in accordance with this Chapter may be postponed and regulations may provide for the period of such postponement.
(13)Where provision is made under subsection (12) for the postponement of the payment of parent’s benefit, the payment may be payable after the period specified in subsection (10)(b)(i) or (ii) but shall not be postponed to a day later than 7 days immediately after the day on which the child is discharged from hospital.
(14)Where a child in relation to whom a relevant parent is entitled to parent’s benefit dies on or before the expiration of the period of the entitlement concerned, the death of that child shall not affect the entitlement of the relevant parent to parent’s benefit.
(15)Where a person referred to in paragraph (b) of the definition of relevant parent is effected by seasonal variations in the volume of work in his or her business, profession or occupation, and the relevant parent cannot receive the parent’s benefit within the period referred to in subsection (10)(b)(i) or (ii), the reference to the period in subsection (10)(b)(i) or (ii) shall be construed as if it were extended by a period of 12 weeks.
(16)Where –
(a)a relevant parent referred to in paragraph (a) of the definition of relevant parent has his or her leave postponed in accordance with section 7(3)(a) of the Act of 2019,
(b)a relevant parent referred to in paragraph (a) of the definition of relevant parent has his or her leave postponed in accordance with section 13 of the Act of 2019, or
(c)a relevant parent referred to in paragraph (b) of the definition of relevant parent cannot receive his or her parent’s benefit by virtue of the application of subsection (15),
the payment of parent’s benefit in accordance with this Chapter may be postponed and regulations may provide for the period of such postponement.
(17)For the purposes of this section, a Sunday shall not in any week be treated as a day of entitlement to parent’s 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.
(18)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 parent’s benefit.
(19)Subject to subsections (20) and (21), this section applies –
(a)in the case of a child who is, or is to be, adopted, where the day of placement in respect of the child falls on or after 1 November 2019, or
(b)in any other case, where the date of birth of the child falls on or after 1 November 2019.
(20)Where a child is adopted and the day of placement in respect of the child falls on or after 1 November 2019 and before the coming into operation of this section, the reference in subsections (1) and (10)(b)(i)(II) to not later than 52 weeks after the day of placement shall be construed as a reference to not later than 52 weeks after the date on which this section comes into operation.
(21)Where the date of birth in respect of a child falls on or after 1 November 2019 and before the coming into operation of this section, the reference in subsections (1) and (10)(b)(ii)(II) to not later than 52 weeks after the birth of the child shall be construed as a reference to not later than 52 weeks after the date on which this section comes into operation.
61H.
Conditions for receipt
(1)The contribution conditions for parent’s benefit are –
(a)in the case of an employed contributor –
(i)
(I)that the claimant has qualifying contributions in respect of not less than 39 contribution weeks in the period beginning with their entry into insurance and ending immediately before the relevant day, and
(II)
(A)that the claimant has qualifying contributions or credited contributions in respect of not less than 39 contribution weeks in the second last complete contribution year before the beginning of the benefit year in which the relevant day occurs or in a subsequent complete contribution year before the relevant day,
or
(B)that the claimant has qualifying contributions in respect of not less than 26 contribution weeks in each of the second last and third last complete contribution years before the beginning of the benefit year in which the relevant day occurs,
or
(ii)that the claimant has qualifying contributions in respect of not less than 39 contribution weeks in the 12 months immediately before the relevant day, or having been in insurable self- employment, satisfies the contribution conditions in paragraph (b),
and
(b)in the case of a person in insurable self-employment –
(i)that the claimant has qualifying contributions in respect of not less than 52 contribution weeks in the second last complete contribution year or in the third last complete contribution year before the beginning of the benefit year in which the relevant day occurs, or in a subsequent complete contribution year before the relevant day, or
(ii)where the claimant was previously an employed contributor, that they satisfy the contribution conditions in paragraph (a)(i) or that they have employment contributions in respect of not less than 39 contribution weeks in the 12 months immediately before the relevant day.
(2)A person who has qualified for maternity benefit, paternity benefit or adoptive benefit in respect of a child shall, in respect of that child, be deemed to have satisfied the requirements of subsection (1).
61I.
Rate of benefit
Subject to this Act, the weekly rate of parent’s benefit shall be an amount equal to the greater of –
(a)the amount of illness benefit, including any increases of that benefit, which the person would otherwise receive if he or she was entitled to that benefit, or
(b)€274.
61J.
Disqualification
Regulations may provide for disqualifying a relevant parent or a surviving parent from receiving parent’s benefit where, during the period for which the benefit is payable, the relevant parent or surviving parent 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.