Social Welfare Act, 1995
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Maternity benefit. |
13.—(1) Section 37 (as modified by the Regulations of 1995) of the Principal Act is hereby amended by— | |
(a) the substitution for paragraph (b) of subsection (1) of the following paragraph: | ||
“(b) it is certified by her employer that she is entitled to maternity leave under section 8 of the Maternity Protection Act, 1994 , and”, | ||
(b) the substitution in subsection (2) for “the conditions set out in subsections (1) (b) and (1) (c) are not satisfied” of “the contribution conditions in section 38 are not satisfied”, | ||
(c) the substitution for subsection (3) of the following subsection: | ||
“(3) (a) Subject to this Act, where it is certified by his employer that a man, who satisfies the contribution conditions in section 38, is entitled to leave under section 16 of the Maternity Protection Act, 1994 , he shall be entitled to benefit under this Chapter as if he was a woman who was entitled to maternity leave under section 8 of the said Act and the provisions of this Chapter (other than section 40 (b)) shall apply in all respects in the case of such a man. | ||
(b) In this Act, a reference to maternity benefit shall be construed as including a reference to benefit payable to a man under this subsection.”, | ||
(d) the substitution for subsection (4) (as amended by section 6 of the Maternity Protection Act, 1994 ) of the following subsection: | ||
“(4) Subject to this Chapter, maternity benefit shall be payable to— | ||
(a) a woman, for the period of maternity leave she is entitled to under section 8 of the Maternity Protection Act, 1994 (including any extension of that period by virtue of section 12 of that Act), or | ||
(b) a man, for the period of leave he is entitled to under section 16 of the Maternity Protection Act, 1994 : | ||
Provided that where the beneficiary dies, the benefit shall not be payable for any subsequent day.”, and | ||
(e) the substitution for subsection (7) of the following subsection: | ||
“(7) Where the employment ceases (whether due to the death of the employer or otherwise) during the period for which maternity 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.”. | ||
(2) Section 38 of the Principal Act is hereby amended by— | ||
(a) the substitution for “the 1st day of maternity leave” of “the relevant day” in each place where those words occur, and | ||
(b) the insertion after subsection (2) of the following subsection: | ||
“(3) In subsection (1) ‘the relevant day’ means the first day for which maternity benefit is claimed.”. |