Colm Burke (Fine Gael) | Oireachtas source

I raise this issue in respect of someone who is self-employed and who claimed for maternity benefit only to find that a set of rules applies to her which seriously affected her. The set of rules seems be different depending on what time of the year the baby is born. If the baby is born on 31 December then there is clear evidence that she comes within the qualifying criteria because the turnover in the business and the income will clearly show that she qualifies for maternity benefit. However, if the baby is born on 1 January it appears she must submit an estimate of her income for the following four months. If a woman is in a business or self-employed there are times in the year where income is at a lower level than later in the year, as occurred in this case. The income for the first four months of the year is often at a low level because the turnover is not there at that stage. In May, June, July and August there is a higher turnover for the person, who is able to take her income accordingly.

In this case the person has been told that she is not entitled to claim maternity benefit. She can claim it, however, once she goes back to work and she produces the figures in January 2015. Clearly, they will show that she was within the qualifying criteria for maternity benefit but only at that stage will the maternity benefit be paid. This is altogether unfair for someone who is self-employed or who runs a small business. The woman concerned must bring in someone to cover while she is out when the baby is being born and for several weeks thereafter. She must pay for that person. Therefore, she has no income and is seriously disadvantaged. How was the policy that currently applies devised? Why has the policy not taken into account the seasonal nature of the work of many people who are self-employed or the seasonal nature of income? That does not appear to have been taken into account under the current regulations and I call on the matter to be reviewed.