Maternity benefit is a payment made for 26 weeks to employed and self-employed pregnant women who satisfy certain pay related social insurance (PRSI) contribution conditions in order to obviate the need for them to work pre and post-delivery of their baby. The original scheme was introduced in 1970 and was extended to include self-employed mothers with effect from June 1997.
In 2016 it is estimated that my Department will spend approximately €266 million on maternity benefit in respect of an average of 22,000 recipients per week.
The fundamental qualification criteria for maternity benefit are that a woman must be in insurable employment or self-employment and is contingent on entitlement to statutory maternity leave. The applicant must also satisfy certain PRSI contribution conditions.
As stated above, to qualify for maternity benefit, a claimant must:
- be in employment which is covered by the Maternity Protection Act, 1994, immediately before the first day of her maternity leave. The last day of insurable employment must be within 16 weeks of the end of the week in which her baby is due. (If she ceases employment, her Maternity Leave must commence from the following day) and
- be certified by her employer as entitled to maternity leave under the Maternity Protection Act, 1994 and
- have her expected date of confinement certified by a registered medical practitioner and
- have at least 39 weeks PRSI paid in the 12 months before the first day of her maternity leave
or
- at least 39 weeks PRSI paid since first starting work and at least 39 weeks PRSI paid or credited in the Relevant Tax Year or in the year following the Relevant Tax Year
or
- at least 26 weeks PRSI paid in the Relevant Tax Year and at least 26 weeks PRSI paid in the Tax Year prior to the Relevant Tax Year.
If a person is pregnant, unemployed and claiming illness benefit they will continue to be paid illness benefit provided they have a condition other than pregnancy to warrant their being on illness benefit.
Pregnancy itself cannot be used as a medical reason to claim illness benefit. However, medical complications arising from pregnancy can satisfy the medical criteria for illness benefit. When the baby is born they may qualify for an increase in their illness benefit for a child dependant.
If a person is on sick leave from work and getting illness benefit immediately before they are due to start their maternity leave, they will be paid maternity benefit in the normal way if they satisfy the social insurance contributions.
The social insurance contributions for maternity benefit and illness benefit are not the same. Therefore, if a person is in employment but on sick leave and not getting illness benefit they may still qualify for maternity leave and maternity benefit. However, they must satisfy the social insurance contributions.
Where an individual has insufficient social insurance contributions to qualify for maternity benefit, they may be eligible for another social welfare payment provided they meet the relevant contingency conditions. For instance, new mothers who do not qualify for maternity benefit may be eligible for a payment under the supplementary welfare allowance (SWA) scheme. This scheme is considered a "safety net" within the overall social welfare system for eligible people in the State whose means are insufficient to meet their needs and those of their dependants. The main purpose of the scheme is to provide immediate and flexible assistance for those in need who do not qualify for payment under other State schemes.
