Pat Gallagher (Donegal South West, Fianna Fail)

I thank the Senator for raising this issue and I apologise on behalf of the Minister for Social and Family Affairs, who cannot be here.

Entitlement to maternity benefit is contingent in the first instance on entitlement to statutory leave. The right to statutory maternity leave is established under the maternity protection legislation, which is the responsibility of the Minister for Justice, Equality and Law Reform. Where women have accrued the requisite number of contributions required to establish entitlement and they are certified by their employers as entitled to statutory maternity leave, maternity benefit is paid for 22 weeks of their absence from work. Any changes in the duration of maternity leave and the circumstances under which the duration could be extended are for the Minister to consider in discussion with the Minister for Finance. Entitlement to maternity benefit would normally follow.

The question of entitlement to maternity leave in situations where a new baby is hospitalised for an extended period after birth, and the implications arising from that situation where entitlement to maternity benefit and maternity leave is of a defined duration, was considered by the social partners in the context of a review of the maternity protection legislation in 2001. They recommended that in the event of hospitalisation of the child, the employee should be able to return to work after a minimum of 14 weeks maternity leave, retaining her entitlement to take the balance of her leave when her baby is discharged from hospital. With effect from October 2004, the legislation was amended to provide for these situations. Where maternity benefit has been in payment for a minimum period of 14 weeks, payment may be postponed where the baby has been hospitalised. The legislation requires that an application to postpone payment must be made in writing; that the maximum postponement of benefit will be six months, and that payment will resume within seven days following written notification of the baby's discharge from hospital. Payment will then resume until the full duration of the benefit is completed.

The question of extending the duration of maternity leave to cater for children born with particular needs who require full-time care for the first year of life was not specifically considered by the social partners. However, the Department already operates a number of schemes that cater for the needs of carers in these circumstances.

The carer's schemes provide both means-tested and social insurance-based payments. Carer's allowance is a means-tested payment directed at carers on low incomes who live with and look after certain people who need full-time care and attention. This includes those needing care due to advanced age, disability, chronic illness and the circumstances considered in this case. Carer's benefit is a weekly social insurance payment that supports those who are entitled to statutory carer's leave to give up their job temporarily in order to look after someone requiring care. This payment is based on the social insurance contributions paid by the worker who becomes a carer. Maternity and carer's benefit payments serve as a non-means tested income transfer in lieu of earnings foregone during a period of statutory leave.

As with all other social insurance based payments, the criteria for eligibility require a recent link to the labour force, as reflected in the minimum number of contributions paid, and a number paid or credited in the period prior to claiming the benefit. Women who have accrued the required number of PRSI contributions at class A, E, H or S may establish entitlement to maternity benefit. Carer's benefit is available to those workers who pay PRSI at class C, D, H and E. Where care is provided beyond statutory entitlement to leave, there is no provision for the payment of insurance-based maternity or carer's benefits.

Starting from this month, the number of hours per week that a carer may work and receive a carer's allowance is increased from ten to 15. The duration for payment of the carer's benefit scheme is being extended from 15 months to two years, with an associated increase in entitlement to the statutory carer's leave scheme. Improvements have also been made to the respite grant. Significant improvements have been made in the rates, duration and qualification criteria relating to the carer's and maternity schemes. The Minister is satisfied that the levels of income support available represent a reasonable response to the income needs of women who are on maternity leave and caring. Any further improvements to the schemes would have to be examined in a budgetary context.