Rules
Maternity Benefit is paid by the Department of Employment Affairs and 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.
The PRSI contributions can be from both employment or self-employment - the
PRSI classes that count for Maternity Benefit are A, E, H and S
(self-employed). Members of the Defence Forces who pay PRSI at Class H are
insured for Maternity Benefit but it is not payable while they are in
service.
If you are employed you must have:
- At least 39 weeks PRSI paid in the 12-month period before the first day
of your maternity leave
Or
- At least 39 weeks PRSI paid since first starting work and at
least 39 weeks PRSI paid or credited in the relevant tax year or in the tax
year immediately following the relevant tax year. For example, if you are
going on maternity leave in 2017, the relevant tax year is 2015 and the
year following that is 2016.
Or
- At least 26 weeks PRSI paid in the relevant tax year and at
least 26 weeks PRSI paid in the tax year immediately before the relevant
tax year. For example, if you are going on maternity leave in 2017, the
relevant tax year is 2015 and the year before that is 2014.
If you do not meet these PRSI conditions and you were self-employed before
starting work as an employee, you can use your Class S contributions to qualify
for Maternity Benefit - see PRSI conditions for self-employed people below.
If you are self-employed you must be
in insurable employment and have:
- 52 weeks PRSI contributions paid at Class S in the relevant tax year. For
example, if you are going on maternity leave in 2017, the relevant tax year
is 2015.
Or
- 52 weeks PRSI contributions paid at Class S in the tax year immediately
before the relevant tax year. For example, if you are going on maternity
leave in 2017, the tax year immediately before the relevant tax year is
2014.
Or
- 52 weeks PRSI contributions paid at Class S in the tax year immediately
following the relevant tax year. For example, if you are going on maternity
leave in 2017, the tax year immediately following the relevant tax year is
2016.
PRSI Class S contributions for a particular year are not awarded until you
have paid tax due for that year. Your income tax and PRSI liabilities
(primarily for the relevant tax year) must be paid to qualify for Maternity
Benefit.
If you do not meet these PRSI conditions and you were in insurable
employment before becoming self-employed, you can use your PRSI contributions
(Class A, E and H) in that employment to qualify for Maternity Benefit – see
PRSI conditions for employed people above.
Insurance from employment in another country
If you were previously insurably employed in a country covered by EU
Regulations and you have paid at least one full rate PRSI contribution in
Ireland, you may combine your insurance record in that country with your Irish
PRSI contributions to help you qualify for Maternity Benefit. You must be in
insurable employment in Ireland currently and have paid your most recent PRSI
contribution in Ireland.
More information is available in our document about combining
your social insurance contributions from abroad.
If you are already getting a social welfare payment
Half-rate Maternity Benefit may be payable if you are getting any one of the
following payments:
If you are providing full-time care to another person, you may qualify for
half-rate
Carer's Allowance with your Maternity Benefit.
Under the Maternity Protection Act 1994, a woman who qualifies for Maternity
Benefit is entitled to claim Family
Income Supplement (FIS) (provided she meets the conditions of the FIS
payment and has a family – a pregnant woman who has no other children does
not qualify for FIS until the birth of the baby).
Leave certification
Employee: All employees must have their leave certified by
their employer. However, if your contract of employment ends within 16 weeks of
the end of the week in which your baby is due and you satisfy the social
insurance (PRSI) conditions, Maternity Benefit is payable from the day after
the date on your P45.
You must provide your employer with proof of the expected date of
confinement. In other words, you will be required to provide your employer with
a certificate from your doctor confirming when your baby is due. Your employer
must then complete a form MB2:
Employer Certificate for Maternity Benefit (pdf).
Self-employed: If you are self-employed a
doctor must complete a form MB3:
Medical Certificate for Maternity Benefit (pdf) to certify the expected due
date of your baby.
Leave certification for adoption (employees and
self-employed): You must produce a certificate of placement in
relation to the child.
In the case of intercountry adoption that took place outside the State, you
must produce a declaration of eligibility and particulars of the day of
placement or expected day of placement.
Duration of Maternity Benefit
Maternity Benefit is paid for 26 weeks (156 days). Maternity Benefit is a
6-day week payment which covers Monday to Saturday. Sunday is not treated as a
day of entitlement to Maternity Benefit.
At least 2 weeks and not more than 16 weeks leave must be taken before the
end of the week in which your baby is due. To ensure you take the minimum
2-week period of maternity leave before the birth of your baby, you must start
your maternity leave on the Monday before the week in which your baby is due.
For example, if your due date is Wednesday 11 October 2017, the latest date for
the start of your maternity leave is Monday 2 October 2017.
You can take a further 16 weeks unpaid maternity
leave which must be taken immediately after the end of your 26 weeks’
paid Maternity Benefit. This period is not covered by Maternity Benefit but you
will be entitled to a credited
social insurance contribution for each week of unpaid leave you take (up to
the maximum of 16).
Premature births
Up to recently, if your baby was born before the date when you were due to
start maternity leave, your Maternity Benefit was only payable for 26 weeks
from the date of your baby’s birth (the duration of your maternity leave).
With effect from 1 October 2017, Maternity Benefit is payable for an extra
period after the end of this 26 weeks in the case of a
premature birth. Maternity leave is also extended for this extra period. It
corresponds to the time period between your baby’s actual birth date
and the expected start date of your maternity leave and Maternity Benefit.
To bring forward the start date of your Maternity Benefit claim, you will
need to give the Department of Employment Affairs and Social Protection either
a copy of your baby’s birth certificate or a letter from the hospital
confirming the baby’s actual date of birth.
The Department will need further information in order to determine any
entitlement to extra Maternity Benefit due to the premature nature of your
baby’s birth. You will need to send the Department a letter from the hospital
confirming the actual date of birth and the number of weeks’
gestation at which your baby was born, before the end of the first 26
weeks of Maternity Benefit. This information is required in order to ensure
that you get your full entitlement. If you wish, you can provide all this
information in your initial letter to the Department.
The following example shows how the entitlement to extra Maternity Benefit
works.
Example
You may have planned to start your maternity leave and Maternity Benefit at
week 37 of your pregnancy, 2 weeks before your expected due date.
With effect from 1 October 2017, if your baby is born in week 30 of your
pregnancy, approximately 7 weeks before you planned to start receiving
Maternity Benefit and maternity leave, you still claim Maternity Benefit for
the standard 26 weeks from the date of birth. However, you can now claim an
extra 7 weeks at the end of the 26 weeks, so your Maternity Benefit and
maternity leave will last until your baby is approximately 33 weeks old.
(Previously, if your baby was born in week 30 of your pregnancy,
approximately 7 weeks before you planned to start receiving Maternity Benefit,
you could only claim Maternity Benefit for a total of 26 weeks from the date of
birth.)
Stillbirths and miscarriages
If you have a stillbirth
or miscarriage any time after the 24th week of pregnancy (i.e from the
beginning of the 25th week) you are entitled to 26 weeks maternity leave. You
are also entitled to 26 weeks Maternity Benefit provided you satisfy the social
insurance (PRSI) requirements.
To apply for Maternity Benefit following a stillbirth, you need to send a
letter from your doctor with the Maternity Benefit application form, confirming
the expected date of birth, the actual date of birth and the number of weeks of
pregnancy.
Hospitalisation of baby
You can postpone the last 12 weeks of your maternity leave and Maternity
Benefit if your child is in hospital. Your Maternity Benefit must have been in
payment for at least 14 weeks and you must have taken at least 4 weeks
maternity leave after your baby was born. You can postpone your Maternity
Benefit for up to 6 months.
You should apply in writing to the Maternity Benefit Section if you want to
have your Maternity Benefit postponed. Your payment will resume when you send
in written confirmation to the Maternity Benefit Section that your child has
been discharged from hospital and your employer certifies that you are entitled
to resume your postponed maternity leave.
Your payment will continue until your entitlement to Maternity Benefit
finishes.
Disqualification from Maternity Benefit
You can do voluntary work, public representative work (for example, a
councillor or TD) and courses of education while you are getting Maternity
Benefit. However, your payment will be stopped if you engage in insurable
(paid) employment.
If you intend to return to employment earlier than you stated on your
application form, you must notify the Maternity Benefit Section at least
2 weeks before your new 'return to work date'.
If you do not apply for Maternity Benefit within 6 months of the birth of
your baby, you may lose benefit.
Payment abroad
EU and non-EU citizens can holiday abroad and get Maternity Benefit for a
maximum of 6 weeks while away.
EU citizens (and citizens of Norway, Iceland, Lichtenstein or Switzerland)
can get Maternity Benefit for any period of their maternity
leave spent in another EU country (or in Norway, Iceland, Lichtenstein or
Switzerland).
To get Maternity Benefit while abroad, you need to inform Maternity Benefit
Section of your intended absence either by email at: maternityben@welfare.ie or
by calling 01 471 5898 or Lo-call: 1890 690 690.
How the payment is made
Maternity Benefit is paid directly into your bank or building society
account (a current or deposit account, not a mortgage account) or you can
choose to have it paid directly into your employer's bank account. Payment is
made each week in advance.