Bernard Durkan (Kildare North, Fine Gael)
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256. To ask the Minister for Social Protection if maternity benefit is payable in the case of a person (details supplied); and if he will make a statement on the matter. [9473/17]

Leo Varadkar (Dublin West, Fine Gael)
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Maternity benefit is a payment made for up to 26 weeks to employed and self-employed women who satisfy certain PRSI contribution conditions and who qualify for maternity leave from work. In addition to meeting the PRSI contributions for the tax year relevant to her claim, a woman must also be in insurable employment that is covered by the Maternity Protection Act, 1994, immediately before the first day of maternity leave. The last day of insurable employment must be within 16 weeks of the end of the week her baby is due. It must also be established that any PRSI contributions that are being considered for the purposes of qualifying for maternity benefit payments are valid.

It has been confirmed that the work permit of the person concerned expired on 31/01/2016, and she was therefore not in insurable employment within 16 weeks of the date on which her baby was due (10/08/2016). Any PRSI contributions that she may have paid after 31/01/2016 are not considered valid and cannot be used for the purposes of qualifying for maternity benefit.

Unfortunately, as the person concerned does not satisfy all of the qualifying conditions as required in accordance with current social welfare legislation, maternity benefit is not payable in her case.

I hope this clarifies the matter for the Deputy.