Social Welfare (Amendment) Act, 1981


New Provisions relating to Maternity Allowance

Maternity allowance (extension of period of entitlement in certain cases).

9.—Section 24 of the Principal Act is hereby amended by—

(a) the substitution for subsection (2) of the following subsection:

“(2) Subject to the following provisions of this section, the period for which maternity allowance is payable shall be—

(a) the period of maternity leave to which a woman is entitled by virtue of section 8 of the Maternity Protection of Employees Act, 1981 (including any extension of that period by virtue of section 12 of that Act) or

(b) in the case of a woman not so entitled to maternity leave, the period of 12 weeks beginning with the 6th week before the end of the expected week of confinement, but—

(i) if the woman who is entitled to the allowance dies, the allowance shall not be payable for any subsequent week,

(ii) if the date of the confinement occurs after the expected week of confinement, the allowance shall, subject to subparagraph (i), be payable until the expiration of the 6th week after the week in which that date occurs.”; and

(b) the addition of the following subsection:

“(5) For the purpose of subsection (2) (a) (inserted by the Social Welfare (Amendment) Act, 1981), where the employment ceases (whether due to the death of the employer or otherwise) during the period of maternity leave, the woman shall continue to be treated as if the event which caused the cesser of employment had not occurred.”.