PART III

Social Insurance Improvements

10. —(1) The Principal Act is hereby amended by the substitution for Chapter 8 of Part II of the following Chapter:

“CHAPTER 8

Maternity Benefit

Entitlement to and duration of benefit.

37.—(1) Subject to this Act, a woman shall be entitled to maternity benefit if—

(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 in a week specified in the certificate (hereafter in this section referred to as ‘the expected week of confinement’) not being more than the prescribed number of weeks after that in which the certificate is given,

(b) where she is an employed contributor, it is certified by her employer that she is entitled to maternity leave under section 8 of the Maternity Protection Act, 1994, and

(c) subject to subsection (2), she satisfies the contribution conditions in section 38.

(2) The requirement in subsection (1) (c) shall not apply in the case of a claim for maternity benefit made by a woman who was in receipt of health and safety benefit under section 41A at any time during the pregnancy as a result of which it is expected that she will be confined.

(3) Regulations may provide for entitling to maternity benefit, subject to such conditions and in such circumstances as may be prescribed, such class or classes of women who would be entitled thereto but for the fact that the contribution conditions in section 38 are not satisfied.

(4) (a) Subject to this Act, where a woman, who has been delivered of a living child dies at any time before the expiry of the fourteenth week following the week of her confinement, the father of the child shall, subject to satisfying the contribution conditions in section 38, be entitled to benefit under this Chapter as if he was a woman and the provisions of this Chapter (other than section 40 (b)) shall apply in all respects in the case of such a man:

Provided that in the case of an employed contributor, it is certified by his employer that he is entitled to leave under section 16 of the Maternity Protection Act, 1994.

(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.

(5) Subject to this Chapter, maternity benefit shall be payable to—

(a) a woman, who is an employed contributor, for the period of maternity leave to which she is entitled under section 8 of the Maternity Protection Act, 1994 (including any extension of that period by virtue of section 12 of that Act),

(b) a woman, who is in insurable self-employment, for a period of 14 weeks—

(i) commencing not later than 4 weeks before the end of the expected week of confinement, and

(ii) ending not earlier than 4 weeks after the end of the expected week of confinement:

Provided that where the date of confinement occurs in a week after the expected week of confinement, the period in respect of which benefit shall be payable shall be extended by such number of consecutive weeks, subject to a maximum of 4 consecutive weeks, after the week in which the date of confinement occurs as ensures compliance with subparagraph (ii),

(c) a man, who—

(i) is an employed contributor, for the period of leave to which he is entitled under section 16 of the Maternity Protection Act, 1994, or

(ii) is in insurable self-employment, for a period commencing on the day after the day on which the death of the mother occurs—

(A) where the mother dies before the expiry of the tenth week following the week of her confinement, to the end of the tenth week following the week of her confinement, or

(B) where the mother dies after the expiry of the tenth week but before the expiry of the fourteenth week following the week of her confinement, to the end of the fourteenth week following the week of her confinement:

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

(6) Regulations may modify subsections (1) and (5) in relation to cases where—

(a) it is certified by a registered medical practitioner or otherwise to the satisfaction of the Minister that a woman has been confined, and

(b) no such certificate as is referred to in subsection (1) (a) has been given.

(7) For the purposes of this section, a Sunday shall not in any week be treated as a day of entitlement to maternity 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 10p where it is a multiple of 5p but not also a multiple of 10p, and being rounded to the nearest 10p where it is not a multiple of 5p or 10p.

(8) In the case of an employed contributor, 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 (5), the beneficiary shall continue to be treated as if the event which caused the cesser of employment had not occurred.

(9) Regulations may provide for requiring an employer or any other person to furnish such information as may be required for the purposes of determining a claim for maternity benefit.

Conditions for receipt.

38.—The contribution conditions for maternity benefit are—

(a) in the case of an employed contributor—

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

(B) 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

(ii) that the claimant has qualifying contributions in respect of not less than 39 contribution weeks in the 12 months immediately preceding the relevant day, or having been in insurable self-employment, she satisfies the contribution conditions in paragraph (b),

(b) in the case of a person in insurable self-employment, that the claimant has qualifying contributions in respect of not less than 52 contribution weeks in the last complete contribution year or in the second last complete contribution year before the beginning of the benefit year in which the relevant day occurs, or where the claimant was previously an employed contributor that she satisfies the contribution conditions in paragraph (a).

Rates of benefit.

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

(a) 70 per cent, of the reckonable weekly earnings, reckonable weekly emoluments or reckonable weekly income, as the case may be, of the woman 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 woman would otherwise receive if she was entitled to the said benefit, or

(c) such amount as shall be prescribed,

whichever is the greater.

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

Disqualifications.

40.—Regulations may provide for disqualifying a woman for receiving maternity benefit if—

(a) during the period for which the benefit is payable, she engages in any occupation other than domestic activities in her own household, or

(b) she fails, without good cause, to attend for or to submit herself to any medical examination that may be required in accordance with regulations made under this section.

Supplementary provisions.

41.—(1) In this Chapter—

(a) ‘confinement’ means labour resulting in the issue of a living child, or labour after 24 weeks of pregnancy resulting in the issue of a child whether alive or dead, and ‘confined’ shall be construed accordingly,

‘registered medical practitioner’ means a person registered in the General Register of Medical Practitioners established under section 26 of the Medical Practitioners Act, 1978 ,

‘the relevant day’ means the first day for which maternity benefit is claimed, and

(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 child.

(2) In deciding whether or not to make an order under section 21A (inserted by the Status of Children Act, 1987 ) of the Family Law (Maintenance of Spouses and Children) Act, 1976 , in so far as any such order relates to the payment of expenses incidental to the birth of a child, the Circuit Court or the District Court, as the case may be, shall not take into consideration the fact that the mother of the child is entitled to maternity benefit.”.

(2) Section 18 (1)(g) (as amended by section 27 of the Act of 1996) of the Principal Act is hereby amended by the substitution for “or orphan's (contributory) allowance” of “, orphan's (contributory) allowance, maternity benefit or adoptive benefit”.

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

11. —(1) The Principal Act is hereby amended by the substitution for Chapter 8B (inserted by section 11 of the Act 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’—

(a) in the case of an employed contributor, has the meaning assigned to it by section 2 (1) of the Adoptive Leave Act, 1995, and

(b) in the case of a person in insurable self-employment means—

(i) a woman in whose care a child (of whom she is not the natural mother) has been placed or is to be placed with a view to the making of an adoption order, or to the effecting of a foreign adoption or following any such adoption,

(ii) a man, in whose care a child has been placed or is to be placed with a view to the making of an adoption order, or to the effecting of a foreign adoption or following any such adoption, where the woman in whose care the child (of whom she is not the natural mother) has been placed or is to be placed has died, and

(iii) a man, other than a man to whom subparagraph (ii) applies, in whose sole care a child has been placed or is to be placed with a view to making an adoption order, or to the effecting of a foreign adoption or following any such adoption,

‘certificate of placement’ has the meaning assigned to it by section 13 of the Adoptive Leave Act, 1995, ‘day of placement’ has the meaning assigned to it by section 2 (1) of the Adoptive Leave Act, 1995,

‘foreign adoption’ has the meaning assigned to it by the Adoption Act, 1991 .

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

(a) (i) in the case of an employed contributor, it is certified by the adopting parent's employer that the adopting parent is entitled to adoptive leave under the Adoptive Leave Act, 1995, or

(ii) in the case of a person in insurable self-employment, a ‘certificate of placement’ is issued to the adopting parent, 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—

(a) in the case of an employed contributor, for the period of adoptive leave to which the adopting parent is entitled under section 6 or 9, as the case may be, of the Adoptive Leave Act, 1995,

(b) in the case of a person in insurable self-employment, being—

(i) an adopting parent within the meaning of section 41G (1) (b) (i) or (iii), for the period of 10 consecutive weeks commencing on the day of placement, or

(ii) an adopting parent within the meaning of section 41G (1) (b) (ii), where the adopting mother dies before the day of placement, the period of 10 consecutive weeks commencing on the day of placement or where the adopting mother dies on or after the day of placement, for a period of 10 weeks less a period equivalent to the period beginning on the day of placement and ending on the date of her death:

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 10p where it is a multiple of 5p but not also a multiple of 10p, and being rounded to the nearest 10p where it is not a multiple of 5p or 10p.

(6) In the case of an employed contributor, 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.

(7) Regulations may provide for requiring an employer or any other person to furnish such information as may be required for the purposes of determining a claim for adoptive benefit.

Conditions for receipt.

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

(a) in the case of an employed contributor—

(i) (A) 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

(B) 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

(ii) that the claimant has qualifying contributions in respect of not less than 39 contribution weeks in the 12 months immediately preceding the relevant day, or having been in insurable self-employment she satisfies the contributions in subsection (1) (b),

(b) in the case of a person in insurable self-employment, that the claimant has qualifying contributions in respect of not less than 52 contribution weeks in the last complete contribution year or in the second last complete contribution year before the beginning of the benefit year in which the relevant day occurs, or where the claimant was previously an employed contributor that she satisfies the contribution conditions in subsection (1) (a).

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

Rates 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, reckonable weekly emoluments or reckonable weekly income, as the case may be, of the adopting parent 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 adopting parent 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’, ‘reckonable weekly emoluments’ and ‘reckonable weekly income’ mean the average amount, calculated in accordance with regulations, of reckonable earnings, reckonable emoluments, reckonable income and such other income received in a week as may be prescribed 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) This section shall come into operation on such day as the Minister may appoint by order.

12. —(1) Section 84 (as amended by section 26 of the Act of 1996) of the Principal Act is hereby amended by—

(a) the insertion after subsection (1) of the following subsection:

“(1A) In the case of a person, other than a person, who on or before the 6th day of April, 1997, is a voluntary contributor paying contributions under Chapter 4 of Part II, who attained pensionable age on or after the 6th day of April, 2002, but before the 6th day of April, 2012, subsection (1) (b) shall be construed as if ‘260’ were substituted for ‘156’”,

(b) the substitution for subsection (7) of the following subsection:

“(7) Subject to subsection (8), regulations may provide for entitling to old age (contributory) pension a claimant who would be entitled thereto but for the fact that he has a yearly average of less than 48:

Provided that in the case of a claimant who has a yearly average of less than 20, he has qualifying contributions in respect of not less than 260 contribution weeks since his entry into insurance.”, and

(c) the substitution for subsection (14) of the following subsections:

“(14) Regulations may provide, subject to subsection (15), for the entitling to old age (contributory) pension a relevant person who would be entitled thereto but for the fact that the contribution conditions set out in subsection (1) (b) and (1) (c) are not satisfied and who, in respect of any period, has been employed mainly in one or more of the employments in respect of which employment contributions at the rate specified in Article 81 (2) (a), 82 (2) (a) or 83 (2) (a) of the Regulations of 1996, were paid:

Provided that the claimant has qualifying contributions in respect of not less than 260 contribution weeks since his entry into insurance and has an aggregate of not less than 520 qualifying contributions and contributions at the rate specified in Article 81 (2) (a), 82 (2) (a) or 83 (2) (a) of the Regulations of 1996.

(14A) In this section, ‘the Regulations of 1996’ mean the Social Welfare (Consolidated Contributions and Insurability) Regulations, 1996 (S.I. No. 312 of 1996).”.

(2) Section 21 of the Principal Act is hereby amended by the substitution in subsection (1) for “156” of “260”.

(3) Section 89 (as amended by section 26 of the Act of 1996) of the Principal Act is hereby amended by—

(a) the insertion after subsection (1) of the following subsection:

“(1A) In the case of a person, other than a person, who on or before the 6th day of April, 1997, is a voluntary contributor paying contributions under Chapter 4 of Part II, who attained the age of 65 years on or after the 6th day of April, 2002, but before the 6th day of April, 2012, subsection (1) (b) shall be construed as if ‘260’ were substituted for ‘156’.”, and

(b) the substitution for subsection (6) of the following subsection:

“(6) Regulations may provide, subject to subsection (7), for entitling to retirement pension a relevant person who would be entitled thereto but for the fact that the contribution conditions set out in subsection (1) (b) and (c) are not satisfied and who, in respect of any period, has been employed mainly in one or more of the employments in respect of which employment contributions at the rate specified in Article 81 (2) (a), 82 (2) (a) and 83 (2) (a) of the Social Welfare (Consolidated Contributions and Insurability) Regulations, 1996 (S.I. No. 312 of 1996), were paid:

Provided that the claimant has qualifying contributions in respect of not less than 260 contribution weeks since his entry into insurance and has ail aggregate of not less than 520 qualifying contributions and contributions at the rate specified in the said articles.”.

(4) Each provision of the Principal Act mentioned in column (1) of Schedule H to this Act is hereby amended in the manner specified in column (2) of that Schedule opposite the mention of that provision in column (1).

(5) This section shall come into operation—

(a) in so far as it relates to subsection (1) (b) on such day as the Minister may appoint by order,

(b) in so far as it relates to subsection (2) on the 6th day of April, 2002,

and

(c) in so far as it relates to subsections (1) (c), (3) (b) and (4) on the 6th day of April, 2012.

13. —Section 46 (4) (as amended by section 17 of the Act of 1995) of the Principal Act is hereby amended by the substitution for paragraph (a) of the following paragraph:

“(a) he shall requalify therefor when he has qualifying contributions (other than optional contributions) in respect of 13 contribution weeks begun or ended since the 156th day for which he was entitled to that benefit, and”.

14. —(1) The Principal Act is hereby amended by the substitution for sections 59 and 60 (as amended by section 32 of the Act of 1994) of the following sections:

“Entitlement to death benefit.

59.—Subject to this Act, death benefit shall be payable as provided for in sections 60 to 63 where—

(a) an insured person dies as a result of personal injury caused on or after the 1st day of May, 1967, by accident arising out of and in the course of his or her employment, being insurable (occupational injuries) employment, or

(b) an insured person dies and where immediately before the date of death he or she was entitled to a disablement pension in respect of disablement assessed at 50 per cent. or more.

Death benefit for widows and widowers and increases for qualified children.

60.—(1) Death benefit shall be payable to the widow or widower of the deceased.

(2) Death benefit shall be a pension at the weekly rate set out in column (2) of Part 1 of the Second Schedule, and if the beneficiary has attained pensionable age and is living alone, that rate shall be increased by the amount set out in column (6) of that Part.

(3) A pension under subsection (2) shall not be payable for any period after the remarriage of the beneficiary.

(4) A beneficiary shall be disqualified for receiving a pension under this section if and so long as he or she and any person are cohabiting as husband and wife.

(5) The weekly rate of pension under subsection (2) shall be increased by the amount set out in column (4) of Part 1 of the Second Schedule in respect of each qualified child who normally resides with the beneficiary.”.

(2) Part 1 of the Second Schedule to the Principal Act is hereby amended by the substitution in Column 1 for reference 2 (a) of the following reference:—

“(a) Pension payable to a widow or widower (section 60).”.

(3) Section 2 (a) of the No. 2 Act of 1995 is hereby repealed.