First Previous (CHAPTER 13 Deserted Wife's Benefit) Next (CHAPTER 15 Death Grant)

1 1981

SOCIAL WELFARE (CONSOLIDATION) ACT, 1981

CHAPTER 14

Maternity Grant

Title to grant.

[1952, s. 19]

104. —(1) Subject to this Act, a woman who has been confined shall be entitled—

(a) if she satisfies the contribution conditions in section 105 and her husband does not or if her husband satisfies those contribution conditions and she does not—to one maternity grant, and

(b) if she satisfies those contribution conditions and her husband also satisfies them—to two maternity grants.

(2) For the purposes of this section “husband” includes a widow's late husband where she was pregnant at the time of his death and the benefit is claimed in respect of a confinement resulting from that pregnancy.

[1952, s. 21]

(3) In this Chapter, for the purpose of determining entitlement to maternity grant—

(a) “confinement” means labour resulting in the issue of a living child, or labour after 28 weeks of pregnancy resulting in the issue of a child whether alive or dead, and “confined” shall be construed accordingly,

(b) references to the date of the confinement shall be taken as referring, where labour begun on one day results in the issue of a child on another day, to the date of the issue of the child or, if a woman is confined of twins or a greater number of children, to the date of the issue of the last of them.

(4) In deciding whether or not he shall make an order under the Illegitimate Children (Affiliation Orders) Act, 1930 , for the payment of the expenses incidental to the birth of a child, the Justice shall not take into consideration the fact that the mother of the child is entitled to a maternity grant.

Conditions for receipt.

[1952, Sch. 4; 1978 AM, s. 13]

105. —(1) The contribution conditions for a maternity grant are—

(a) that the relevant person has qualifying contributions in respect of not less than 26 contribution weeks in respect of the period beginning with that person's entry into insurance and ending immediately before the date of confinement, and

(b) that the relevant person has qualifying contributions or credited contributions in respect of not less than 26 contribution weeks in the last complete contribution year before the beginning of the benefit year in which the relevant time occurs or in respect of a subsequent complete contribution year before the relevant time.

(2) In this section “relevant person” means the person by whom the conditions are to be satisfied and “relevant time” means the date of the confinement or, where the relevant person is the husband and he was over pensionable age or dead on that date, the date of his attaining pensionable age or dying under that age.

[1952, s. 14]

(3) Regulations may provide for modifications of the contribution conditions in this section but, where such regulations are proposed to be made, a draft thereof shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House.

Amount of grant.

[1952, s. 14]

106. —Subject to this Part, the amount of a maternity grant shall be as set out in Part VI of the Second Schedule .