Social Welfare Consolidation Act 2005

Chapter 10

Health and Safety Benefit

Entitlement to benefit.

[SI 25/95 Art 6]

52.—(1) In this Chapter—

“confined” and “confinement” have the meanings given to them by section 51 ;

“relevant period” has the meaning given to it by section 18 (6) of the Maternity Protection Act 1994 .

[SI 25/95 Art 6]

(2) Subject to this Act, a woman shall be entitled to health and safety benefit, where—

(a) it is certified by a registered medical practitioner or otherwise to the satisfaction of the Minister that it is to be expected that she will be confined or that she has been confined, as the case may be, in a week specified in the certificate,

(b) it is certified by her employer, in accordance with section 18 (2) of the Maternity Protection Act 1994 , that she has been granted leave under section 18 of that Act (hereafter in this Chapter referred to as “health and safety leave”), and

(c) she satisfies the conditions in section 53 .

[SI 25/96 Art 6; 2001 s37 & Sch F]

(3) For the purposes of this Chapter—

(a) any 2 periods of health and safety leave arising in a relevant period shall be treated as one period of health and safety leave, and

(b) a Sunday shall not in any week be treated as a day of entitlement to health and safety benefit and, accordingly, the amount payable by way of that 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 10 cent where it is a multiple of 5 cent but not also a multiple of 10 cent, and being rounded to the nearest 10 cent where it is not a multiple of 5 cent or 10 cent.