Social Welfare Act 2017

Maternity benefit - premature birth

15. (1) Section 47 of the Principal Act is amended—

(a) in subsection (4), by the substitution of the following paragraph for paragraph (a):

“(a) Subject to this Act and paragraph (b), where a woman, who has been delivered of a living child, dies at any time following the week of her confinement and before the expiry of the payment to her of the maternity benefit that would have been payable to her had she not died, the father of the child shall be entitled to benefit under this Chapter as if he were a woman and the provisions of this Chapter (other than sections 48 and 50(b)) apply in all respects in the case of that man.”,

(b) in subsection (5), by the insertion of the following paragraph after paragraph (b):

“(ba) a woman referred to in paragraph (b), for a further period—

(i) that is in addition to the period referred to in paragraph (b) if, on or after 1 October 2017, the date of confinement occurs more than two weeks before the end of the expected week of confinement, and

(ii) the duration of that further period shall be equal to the duration of the premature birth period,”,

and

(c) in subsection (5)(c)(ii)—

(i) by the substitution in clause (I) of “the longer period of time,” for “the longer period of time, or”, and

(ii) by the insertion of the following after clause (II):

“(III) where, on or after 1 October 2017, the date of confinement is more than two weeks before the end of the expected week of confinement and the mother dies before the expiry of a combined period which comprises—

(A) twenty-six weeks following the week of her confinement, and

(B) the duration of the premature birth period,

to the end of that combined period, or for 6 weeks, whichever is the longer period of time, or

(IV) where, on or after 1 October 2017, the date of confinement is more than two weeks before the end of the expected week of confinement and the mother dies after the expiry of the twenty-sixth week following the week of her confinement but before the expiry of a further combined period which comprises—

(A) forty-two weeks following the week of her confinement, and

(B) the duration of the premature birth period,

to the end of that further combined period, or for 6 weeks, whichever is the longer period of time,”.

(2) Section 51 (amended by section 24 of the Social Welfare (Miscellaneous Provisions) Act 2010 ) of the Principal Act is amended in subsection (1) by the insertion, in paragraph (a), of the following:

“ ‘premature birth period’ means a period which—

(a) commences on a date of confinement which occurs on or after 1 October 2017, and

(b) expires two weeks before the end of the expected week of confinement;”.