Written answers
Wednesday, 18 September 2024
Department of Employment Affairs and Social Protection
Social Welfare Eligibility
Brendan Griffin (Kerry, Fine Gael)
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450. To ask the Minister for Employment Affairs and Social Protection if a person (details supplied) in County Kerry has an entitlement to maternity benefit. [36471/24]
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 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 P.R.S.I. contributions on their social insurance record and who are in insurable employment or insurable self-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 P.R.S.I. 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:
- 39 contributions in the 12 months prior to the start of the Maternity Leave.
- 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.
- 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)
- 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)
There has been no application for Maternity Benefit from the person concerned. Once we have received an application confirming the expected due date we can determine if the person concerned meets the eligibility conditions for Maternity Benefit as outlined above and issue a formal decision advising her of this.
If an individual does not qualify for Maternity Benefit they may be able to stay on their current payment or they may qualify for another payment depending on their circumstances.
I trust this clarifies the position for the deputy.
Denis Naughten (Roscommon-Galway, Independent)
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451. To ask the Minister for Employment Affairs and Social Protection when the medical review and assessment unit will make a decision on a person’s application (details supplied); and if she will make a statement on the matter. [36478/24]
Heather Humphreys (Cavan-Monaghan, Fine Gael)
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The person concerned is currently in receipt of Illness Benefit (IB) from my Department. IB is a short-term scheme for people who cannot work due to illness and who satisfy the pay related social insurance (PRSI) contribution conditions. It is paid for a maximum of 2 years or 624 payable days.
Invalidity Pension (IP) is a payment for people who are permanently incapable of work because of illness or incapacity and for no other reason and who satisfy the PRSI contribution conditions.
My Department has not received an application for IP from the person in question to date. In July 2024, a medical review commenced as the person referred to was in receipt of IB for 18 months and IB is payable for a maximum of 2 years. This review was to assess their continued eligibility for the IB in payment to her and also to assess her possible medical suitability for IP. The medical assessment has been completed and the person concerned has been found to be medically suitable for IP. Subject to all other conditions for the scheme being met they should transfer to this long-term payment once an application has been received. In this regard, an application form for IP will issue to the person referred to shortly to assess their full eligibility for that scheme.
I trust this clarifies the matter for the Deputy.
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