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Dáil Éireann díospóireacht -
Tuesday, 8 Apr 1997

Vol. 477 No. 2

Written Answers - Social Welfare Benefits.

Peter Barry

Ceist:

239 Mr. Barry asked the Minister for Social Welfare if his attention has been drawn to the anomaly which exists in the Social Welfare Acts regarding maternity leave in relation to a mother who has a premature baby, or who has a second child born less than 12 months after the first child, and who may not be able to avail of her full maternity leave allowance in view of the fact that it is calculated on an annual basis; and if he will amend the relevant Act to cater for such rare cases. [8687/97]

I am not aware of any anomaly which would preclude the payment of full maternity benefit to a woman by virtue of the child being born prematurely or where the child is born less than 12 months after a previous birth. However, if the Department can supply details of a specific case I will have it examined.

Maternity benefit is payable to an employed woman where it is certified by her employer that she is entitled to maternity leave under the Maternity Protection Act, 1994; and she satisfies the relevant PRSI contribution conditions.

Maternity benefit is normally payable for 14 weeks. At least four and not more than ten of these weeks must be taken before the baby is due and at least four weeks must be taken after the baby is due.

The weekly rate of maternity benefit payable is 70 per cent of the woman's average reckonable weekly earnings in the relevant tax year subject to a minimum weekly payment of £75.70, increasing to £82.30 from June, and a maximum payment of £162.80. However, in any case where the woman would be entitled to a higher rate of payment on disability benefit if she was absent from work through illness, then the rate of maternity benefit payable is equal to the higher rate of disability benefit which would be paid in such circumstances.

Average reckonable weekly earnings for the purposes of maternity benefit are calculated by dividing the woman's gross earnings in the relevant income tax year by the number of weeks she has worked in that year. Where a woman has had a previous period of maternity leave, that period of absence from employment is discounted in determining her average reckonable weekly earnings for maternity benefit purposes. Accordingly, a previous claim for maternity benefit in the recent past will not affect the woman's future entitlement to benenfit.
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