Social Welfare Act, 1986

Weekly rate of maternity allowance.

11.—(1) The Principal Act is hereby amended by—

(a) the substitution for section 26A (1) (inserted by the No. 2 Act of 1985) of the following subsection:

“(1) Subject to subsection (2), the weekly rate of maternity allowance as specified in column (2) of Part I of the Second Schedule shall be increased by the appropriate amount set out in column (4), (4a), (5) or (5a) of Part I of the Second Schedule in respect of each qualified child who normally resides with the beneficiary.”, and

(b) the insertion after section 26A of the following section:

“Weekly rate of maternity allowance.

26B. (1) The weekly rate of maternity allowance payable to a woman entitled to maternity allowance under section 24 (2) (a) (inserted by the Social Welfare (Amendment) Act, 1981 ) shall be an amount equal to—

(a) the amount (as increased under section 26A) payable under section 26, or

(b) the amount payable under this section,

whichever is the greater.

(2) The amount of maternity allowance payable under this section shall be an amount equal to—

(a) 70 per cent. of the reckonable weekly earnings of the woman to whom the allowance is payable in the income tax year prescribed for the purposes of this section, or

(b) 70 per cent. of such amount as may be prescribed as the average reckonable weekly earnings of women in that year,

whichever is the greater.

(3) The percentage specified in subsection (2) may be varied by regulations having regard to such matters as—

(a) movements in the annual average earnings of women, and

(b) the imposition or variation of statutory deductions from or charges on earnings.

(4) In this section ‘reckonable weekly earnings’ has the meaning specified in section 71.”.

(2) Section 3 (4) (a) of the Principal Act is hereby amended by—

(a) the deletion of “75 (2),” (inserted by the Social Welfare (Amendment) Act, 1981 ), and

(b) the insertion after “19 (4),” of “26B,”.

(3) Section 75 (inserted by the Social Welfare (Amendment) Act, 1981 ) of the Principal Act is hereby repealed.

(4) Section 72 of the Principal Act is hereby amended—

(a) by the substitution in subsection (1) (a) (inserted by the Social Welfare Act, 1983 ) for “maternity allowance” of “maternity allowance payable under section 24 (2) (b)”, and

(b) by the substitution in subsection (2) (inserted by the Social Welfare (Amendment) Act, 1981 ) for “maternity allowance” in each place where those words appear, of “maternity allowance under section 24 (2) (b)”.

(5) Section 74 of the Principal Act is hereby amended by the insertion after subsection (2) (inserted by the Social Welfare Act, 1983 ) of the following subsection:

“(3) For the purposes of this section, any day in respect of which a person is entitled to maternity allowance under section 24 (2) (a) shall be deemed to be a day of incapacity for work in respect of which the person was entitled to pay-related benefit and any day in respect of which a person is entitled to maternity allowance under section 24 (2) (b) shall be treated as a day of incapacity for work.”.