S.I. No. 660/2004 - Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 4) (Maternity Benefit) Regulations 2004

STATUTORY INSTRUMENTS.

S.I. No. 660 of 2004 .

SOCIAL WELFARE (CONSOLIDATED PAYMENTS PROVISIONS) (AMENDMENT) (NO. 4) (MATERNITY BENEFIT) REGULATIONS 2004.

S.I. No. 660 of 2004 .

SOCIAL WELFARE (CONSOLIDATED PAYMENTS PROVISIONS) (AMENDMENT) (NO. 4) (MATERNITY BENEFIT) REGULATIONS 2004.

The Minister for Social and Family Affairs, in exercise of the powers conferred on him by sections 4 (as amended by section 12 of the Social Welfare (Miscellaneous Provisions) Act 2002 (No. 8 of 2002)) and 37 (as amended by section 8 of the Social Welfare (Miscellaneous Provisions) Act 2004 (No. 9 of 2004)), hereby makes the following Regulations:

Citation and Construction.

1. (1) These Regulations may be cited as the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 4) (Maternity Benefit) Regulations, 2004.

(2) These Regulations and the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 ( S.I. No. 417 of 1994 ) shall be construed together as one and may be cited as the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 to 2004.

Interpretation.

2. In these Regulations, “the Principal Regulations” means the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 ( S.I. No. 417 of 1994 ).

Commencement.

3. These Regulations come into operation on 18 October, 2004.

Expected week of confinement and duration of maternity benefit in certain cases.

4. The Principal Regulations are amended in article 20(3) by the substitution of “16” for “14”.

Postponement of maternity benefit in event of hospitalisation of child.

5. The Principal Regulations are amended by the insertion after article 20 of the following article:

“Postponement of maternity benefit in event of hospitalisation of child.

20A. (1) Subject to this article, a claimant, upon written request to the Minister, in the format for the time being approved by the Minister, may postpone the payment of maternity benefit where the claimant is an employed contributor and it is certified by that person’s employer that the claimant is entitled to the postponement of maternity leave under the provisions of sections 14B or 16B (as inserted by sections 7 and 12 of the Maternity Protection (Amendment) Act 2004 (No. 28 of 2004)) of the Maternity Protection Act, 1994.

(2) Subject to sub-article (3), a claimant, upon written request to the Minister, in the format for the time being approved by the Minister, may be entitled to resume the payment of maternity benefit where the claimant is an employed contributor and it is certified by that person’s employer that the claimant is entitled to resume postponed maternity leave under the provisions of sections 14B or 16B (as inserted by sections 7 and 12 of the Maternity Protection (Amendment) Act 2004 (No. 28 of 2004)) of the Maternity Protection Act, 1994.

(3) For the purposes of sub-article (2), upon resumption of the period of entitlement to maternity leave, maternity benefit shall be paid—

(i)   in one continuous period commencing not later than 7 days after the discharge of the child from hospital, and

(ii)   for the duration of the remaining period of maternity benefit to which that person is entitled, subject to a maximum of 4 weeks.

(4) The maximum period for which maternity benefit may be postponed under the provisions of this article is 6 months.”

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

The Maternity Protection (Amendment) Act 2004 amended the provisions governing maternity leave, by reducing the minimum period of leave which must be availed of prior to the expected date of birth from 4 weeks to 2 weeks, and providing that the continuous period of maternity leave may be postponed where the child is hospitalised.

These Regulations reflect these amendments, with effect from 18 October, 2004, for the purposes of the maternity Benefit scheme, by providing as follows:

— The minimum payment period prior to the expected date of birth will be 2 weeks; and

— Where Maternity Benefit has been in payment for a minimum period of 14 weeks, payment may be postponed in the event of the hospitalisation of the child.

The Regulations further provide that an application to postpone payment must be made in writing; that the maximum duration of the postponement of benefit will be six months, and that payment will resume within seven days following written notification of the discharge of the child from hospital. Payment will then continue until completion of the period of entitlement to benefit.