Social Welfare Act, 1995

PART IV

Miscellaneous

Adoptive benefit.

11.—(1) The Principal Act is hereby amended by the insertion after Chapter 8A (inserted by the Regulations of 1995) of Part II of the following Chapter:

“CHAPTER 8B

Adoptive Benefit

Entitlement to and duration of adoptive benefit.

41G.—(1) In this Chapter, ‘adopting parent’ has the meaning assigned to it in section 2 (1) of the Adoptive Leave Act, 1995 .

(2) Subject to this Act, an adopting parent shall be entitled to adoptive benefit if—

(a) it is certified by the adopting parent's employer that the adopting parent is entitled to adoptive leave under the Adoptive Leave Act, 1995 , and

(b) the adopting parent satisfies the contribution conditions in section 41H.

(3) Regulations may provide for entitling to adoptive benefit, subject to such conditions and in such circumstances as may be prescribed, such class or classes of adopting parents who would be entitled thereto but for the fact that the contribution conditions in section 41H are not satisfied.

(4) Subject to this Chapter, adoptive benefit shall be payable for the period of adoptive leave which the adopting parent is entitled to under section 6 , 9 or 42 , as the case may be, of the Adoptive Leave Act, 1995 :

Provided that, where the beneficiary dies, the benefit shall not be payable for any subsequent day.

(5) For the purposes of this section, a Sunday shall not in any week be treated as a day of entitlement to adoptive benefit and, accordingly, the amount payable by way of such benefit for any other day of a week shall be one-sixth of the appropriate weekly rate, subject to the total amount being paid at any time by virtue of this subsection being rounded up to the nearest l0p where it is a multiple of 5p but not also a multiple of l0p, and being rounded to the nearest l0p where it is not a multiple of 5p or l0p.

(6) Where the employment ceases (whether due to the death of the employer or otherwise) during the period for which adoptive benefit is payable in accordance with subsection (4), the beneficiary shall continue to be treated as if the event which caused the cesser of employment had not occurred.

Conditions for receipt.

41H.—(1) The contribution conditions for adoptive benefit are—

(a) (i) that the claimant has qualifying contributions in respect of not less than 39 contribution weeks in the period beginning with the claimant's entry into insurance and ending immediately before the relevant day, and

(ii) that the claimant has qualifying contributions or credited contributions in respect of not less than 39 contribution weeks in the last complete contribution year before the beginning of the benefit year in which the relevant day occurs or in a subsequent complete contribution year before the relevant day, or

(b) that the claimant has qualifying contributions in respect of not less than 39 contribution weeks in the 12 months immediately preceding the relevant day.

(2) In subsection (1), ‘relevant day’ means the first day for which adoptive benefit is claimed.

(3) Regulations may provide for modifications of the contribution conditions set out in subsection (1).

Rate of adoptive benefit.

41I.—(1) Subject to this Act, the weekly rate of adoptive benefit shall be an amount equal to—

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

(b) the amount of disability benefit, including any increases thereof, which the person would otherwise receive if entitled to the said benefit, or

(c) such amount as shall be prescribed,

whichever is the greater.

(2) In this section, ‘reckonable weekly earnings’ means the average amount, calculated in accordance with regulations, of reckonable earnings and such other income as may be prescribed, received in a week up to such limit as may be prescribed.

Disqualification.

41J.—Regulations may provide for disqualifying an adopting parent for receiving adoptive benefit if, during the period for which the benefit is payable, the adopting parent engages in any occupation other than domestic activities in that parent's own household.”.

(2) (a) Section 4 (as amended by section 13 of the Act of 1994) of the Principal Act is hereby amended by—

(i) the insertion in subsection (4) (a) of “411,” before “42 (2)”, and

(ii) the insertion in subsection (5) of “41H (3),” before “43 (4)”.

(b) Section 30 (1) of the Principal Act is hereby amended by the insertion after paragraph (bb) (inserted by the Regulations of 1995) of the following paragraph:

“(bbb) adoptive benefit,”.

(3) This section shall come into operation on such day as the Minister may appoint by order.