John Brady (Wicklow, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

785. To ask the Minister for Social Protection the section of the Paternity Leave and Benefit Act 2016 that allows provision for a father to take paternity leave in the event of a stillbirth or miscarriage after 24 weeks, as is allowed under maternity leave; and if he will make a statement on the matter. [25926/16]

Leo Varadkar (Dublin West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

Issues pertaining to Paternity Leave, including eligibility, are for my colleague the Tánaiste and Minister for Justice and Equality, Deputy Frances Fitzgerald, to answer in the first instance.

However, I can confirm that the Paternity Leave and Benefit Act 2016 makes provision for stillbirths and neonatal deaths. In these circumstances, as with Maternity Benefit, a humane and compassionate approach is taken and the entitlement to Paternity Benefit continues.

Legislation in relation to Social Welfare schemes is contained in the Social Welfare Consolidation Act 2005 (as amended). Maternity Benefit is contained in Chapter 9, Sections 47 to 51 and Paternity Benefit is contained in Chapter 11A, Sections 61A to 61E.

In the Paternity Benefit provisions references is made to the ‘confinement’ and it specifically states in Chapter 11A (Paternity Benefit), Section 61A (1) that:

In this Chapter—‘confinement’ has the same meaning as it has in Chapter 9 and ‘confined’ shall be construed accordingly;

The reference to Chapter 9 relates to the Maternity Benefit provisions and specifically, Section 51(1) defines confinement as:

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 read accordingly;

This means that Paternity Benefit can be paid to an individual in circumstances where a still birth has occurred after 24 weeks of pregnancy, provided they satisfy all other eligibility conditions.