Robert Troy (Longford-Westmeath, Fianna Fail)
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446. To ask the Minister for Employment Affairs and Social Protection if she will rectify the issue where teachers on indefinite duration contracts, given they have to sign on for midterm and summer holidays, cannot work up the minimum 26 weeks continuous work to qualify for maternity benefit. [6486/24]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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Maternity Benefit is a payment made for up to 26 weeks to employed and self-employed women who are on maternity leave from work and who satisfy certain qualifying conditions including social insurance (PRSI) contribution conditions on their own insurance record.

The main provisions relating to Maternity Benefit are in the Maternity Protection Acts, 1994 and 2004, Chapter 9 of Part II of Social Welfare (Consolidation) Act, 2005, and Chapter 2 of Part II of Social Welfare (Consolidated Claims, Payments and Control) Regulations, 2007 (as amended).

Maternity Benefit is paid by the Department of Social Protection to women who have a certain number of paid PRSI contributions on their social insurance record and who are in insurable employment up to the first day of their maternity leave. There are also provisions for claimants to access Maternity Benefit in instances where insurable employment ends within 16 weeks of the end of the week in which the baby is due.

There are several pathways in which a claimant can satisfy the PRSI contribution requirements. The three most recent complete calendar years are considered along with the current year. The different pathways are detailed below. Each claimant must satisfy one of the following:

1.39 contributions in the 12 months prior to the start of the Maternity Leave.

2.39 contributions paid since first starting work and 39 contributions paid or credited in the Relevant Tax Year (RTY): the relevant tax year is 2 years prior to the current year; for claims starting in 2024 this would be 2022.

3.39 contributions paid since first starting work and 39 contributions paid or credited in the year following the RTY (for claims starting in 2024 the RTY would be 2022 and the year following the RTY would be 2023)

4.26 contributions in the RTY and 26 in the year prior to this. (For example, if you are going on maternity leave in 2024, the RTY is 2022 and the year prior to this is 2021)

All recipients of Maternity Benefit must have sufficient PRSI contributions in the relevant years. There are no exemptions provided for in the legislation.

If someone does not qualify for Maternity Benefit, there are different payments available to claimants, in some cases they may be able to stay on their current payment or they may qualify for another payment. If they are working more than 19 hours a week on low pay and they have a family, they may qualify for Working Family Payment (WFP) (formerly known as Family Income Supplement). If they are parenting alone, they may qualify for the One-Parent Family Payment.

I trust this clarifies the position for the Deputy.