S.I. No. 202/2006 - Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 7) (Maternity and Adoptive Benefit) Regulations 2006

S.I. No. 202 of 2006

SOCIAL WELFARE (CONSOLIDATED PAYMENTS PROVISIONS) (AMENDMENT) (NO. 7) (MATERNITY AND ADOPTIVE BENEFIT) REGULATIONS 2006

The Minister for Social and Family Affairs, in exercise of the powers conferred on him by sections 4 (as amended by section 17 and Schedule 3 of the Social Welfare Law Reform and Pensions Act 2006 (No. 5 of 2006)) and 58 (as amended by section 8 of the Social Welfare Act 2005 (No. 30 of 2005)), hereby makes the following Regulations:

Citation and Construction.

1. (1)  These Regulations may be cited as the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 7) (Maternity and Adoptive Benefit) Regulations 2006.

(2)  These Regulations and the Social Welfare (Consolidated Payments Provisions Regulations 1994 to 2006 shall be construed together as one and may be cited as the Social Welfare (Consolidated Payments Provisions) Regulations 1994 to 2006.

Interpretation.

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

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

3. The Principal Regulations are amended in article 20(3) (as amended by article 4 of the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 4) (Maternity Benefit) Regulations 2004 ( S.I. No. 660 of 2004 )) by substituting “20” for “16”.

Postponement of adoptive benefit in event of hospitalisation of child.

4. The Principal Regulations are amended by the insertion after article 25F (amended by article 4 of the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 4 (Maternity and Adoptive Benefit) Regulations 1997 ( S.I. No. 249 of 1997 )) of the following article:

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

25H. (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 adoptive 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 adoptive leave under the provisions of sections 11C (as inserted by section 9 of the Adoptive Leave Act 2005 (No. 25 of 2005)) of the Adoptive Leave Act 1995 .

(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 adoptive 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 adoptive leave under the provisions of sections 11C of the Adoptive Leave Act 1995 .

(3) For the purposes of sub-article (2), upon resumption of the period of entitlement to adoptive leave, adoptive 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 adoptive benefit to which that person is entitled.”.

Explanatory Note

[This note is not a part of the Instrument and does not purport to be a legal interpretation]

These Regulations provide for a number of amendments to the regulations governing Maternity Benefit and extend the period of payment of Maternity Benefit by 4 weeks consequential on the extension of paid Maternity Leave, as announced in Budget 2006.

The Adoptive Leave Act 2005 amended the provisions governing Adoptive Leave by providing that the continuous period of Adoptive Leave may be postponed where the child is hospitalised.

These Regulations allow for Adoptive Benefit to be postponed in the event of the hospitalisation of the child subject to:

•     an application to postpone payment being made in writing, and

•     payment resuming 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.