Social Welfare Consolidation Act 2005

Type Act

Publication 2005-11-27

Last updated 2026-01-21

State In force

Source Irish Statute Book

articles 542

F373[(7A)Subsection (7)shall not apply where a person has been entitled to illness benefit, and in the course of a period of incapacity for work, would be entitled to payment of such benefit at a higher rate than would be payable were that person a person to whom the said subsection applied.]

F374[(7B) for the purpose ofsubsection (7), in calculating the 312th day, the following days shall, in addition to any days in respect of which the person was in receipt of illness benefit, be included in the calculation:

(a) any statutory sick leave days under the Act of 2022, other than the first 3 days of such sick leave;

(b) any day in respect of which the person, where he or she is otherwise entitled to statutory sick leave under the Act of 2022 is, instead of and in substitution for that entitlement to the statutory sick leave days concerned, being provided by his or her employer with a sick leave scheme under the Act of 2022, other than the first 3 days of payment under such scheme.]

[1993 s35(8)]

(8) In the case of a claim for F365[illness benefit] where the period of interruption of employment in respect of incapacity for work beyond 312 days began before 6 April 1987, subsection (1)(a) shall be read as if “156” were substituted for “260”.

[1993 s35(9)]

(9) In the case of a claim for F365[illness benefit] where the period of interruption of employment in respect of incapacity for work beyond 312 days began on or after 6 April 1987 and before 4 January 1988, subsection (1)(a) shall be read as if “208” were substituted for “260”.

[1993 s35(10)]

(10) Subsections (8) and (9) shall not apply to any claim for F365[illness benefit] where the period of incapacity for work began on or after 4 July 1988.

F375[(11) Where a person is in receipt of illness benefit immediately prior to attaining pensionable age, payment of that benefit shall cease upon him or her attaining pensionable age unless he or she—

(a) was born on or after 1 January 1958, and

(b) has, in the prescribed manner and within the prescribed period, notified the Minister of his or her desire to continue receiving illness benefit after attaining pensionable age for any remaining period in which he or she is entitled to receive it.]

45. Duration of payment (optional contributors). [1993 (No.2) s7]

45.—(1) Notwithstanding section 44, where in any period of interruption of employment a person, having satisfied the contribution conditions contained in section 41 by virtue of having paid optional contributions, has been entitled to F376[illness benefit] for 312 days, he or she shall not be entitled to that benefit for any subsequent day of incapacity for work unless before that day the person has requalified for benefit in accordance with subsection (2).

[1993 (No.2) s7]

(2) Where a person to whom subsection (1) applies has paid optional contributions in the contribution year following the benefit year which includes that 312th day, he or she shall requalify for F376[illness benefit] in the benefit year after the contribution year in respect of which those optional contributions have been paid.

46. Disqualifications. [1993 s36(1)]

46.—(1) Regulations may provide for disqualifying a person for receiving F377[illness benefit] for such period not exceeding 9 weeks as may be determined under this Part where—

(a) the person has become incapable of work through his or her own misconduct, or

F378[(b) the person fails without good cause to comply with such requirements as may be specified by the regulations, including but not necessarily limited to:

(i) attending for or submitting to any medical or other examination or treatment;

(ii) complying with instructions relating to his or her incapacity issued by a registered medical practitioner;

(iii) refraining from behaviour likely to hinder his or her recovery;

(iv) being available to meet withF379[an officer of the Minister or a medical assessor]regarding his or her claim for illness benefit.]

F380[(1A) Subject tosubsection (1B), a person in receipt of or entitled to illness benefit shall not engage in work.]

F381[(1B) A person shall not be disqualified for receipt of illness benefit while engaging in such class or classes of employment or training and subject to such circumstances and conditions as may be prescribed.]

[1993 s36(2)]

(2) Regulations may also provide for imposing in the case of any class of persons additional conditions in relation to the receipt of F377[illness benefit] and restrictions on the rate and duration of that benefit where, having regard to special circumstances, it appears to the Minister necessary so to do for the purpose of preventing inequalities or injustice.

[1993 s36(3)]

(3) Regulations may also provide for disqualifying a person for the receipt of F377[illness benefit] where he or she fails, on becoming or again becoming incapable of work, to make a claim within the prescribed time, but those regulations may provide for extending, subject to any prescribed conditions, the time within which the claim may be made.

F382[Chapter 8A

46A. F383[Entitlement to benefit.

46A.—(1) Subject to this Act, a person shall be entitled to partial capacity benefit where the person—

(a) has applied for that benefit,

F384[(b) has a profound restriction on his or her capacity for work in relation to the capacity for work of a person of the same age who has no restriction on his or her capacity for work, and the reason for which restriction is as a direct result of the person concerned being incapable of work and for no other reason,]

(i) was in receipt of—

(I) illness benefit for at least 26 weeks in a period of interruption of employment, or

(II) invalidity pension, or

(ii) other than in the case of a person to whomsection 46C(3)(a)(ii)applies, has exhausted the period of entitlement to partial capacity benefit provided for insection 46Cor regulations made under that section,

and

F385[(d) (i) is under pensionable age, or

(ii) (I) was born on or after 1 January 1958 and has attained pensionable age but has neither attained the age of 70 years nor been awarded a State pension (contributory), and

(II) satisfies the requirement of clause (I) of subparagraph (i) of paragraph (c).]

(2) For the purposes of—

(a)F386[…]subsection (1)(b), the Minister may prescribe the conditions for which a person shall be assessed as having a profound restriction on his or her capacity for work in relation to the capacity for work of a person of the same age who has no restriction on his or her capacity for work, and

(b)F386[…]subsection (4), the Minister may prescribe the conditions for which a person shall be assessed as having a mild restriction on his or her capacity for work in relation to the capacity for work of a person of the same age who has no restriction on his or her capacity for work.

(3) Notwithstandingsubsection (1), wheresubsection (1)(b)is not satisfied a person may, subject tosubsections (4)and(5), be entitled to partial capacity benefit.

(4) A person whoF387[has]a mild restriction on his or her capacity for work in relation to the capacity for work of a person of the same age who has no restriction on his or her capacity for work shall not be entitled to partial capacity benefit.

(5) Where partial capacity benefit is provided pursuant tosubsection (3)—

(a) the rate of that benefit shall be payable at a rate, or rates, less than that provided for insection 46B(1)(a), and

(b) the Minister may prescribe the reduced rate or rates.

(6) Regulations made by the Minister for the purposes ofsubsection (5)shall provide for the reduced rate, or rates, of partial capacity benefit pursuant tosubsection (3), and the reductions in the rate, or rates, of partial capacity benefit shall relate to the extent to whichsubsection (1)(b)is not satisfied, but such reduction shall not affect any entitlement to an increase in respect of a qualified adult or qualified children or an increase where the beneficiary is ordinarily resident on an island.

(7) Where a person qualifies for partial capacity benefit by virtue ofsubsection (1)(c)(i)(I), each day for which that benefit is paid shall be—

(a) treated as a day of incapacity for work, and

(b) deemed to be a day for which illness benefit is paid for the purposes of Chapter 8.

(8)F388[…]]

46B. F389[Rates of benefit.

46B.—(1) Subject to this Act, the weekly rate of partial capacity benefit payable shall—

(a) in the case of a person to whomsection 46A(1)(c)(i)applies, be the weekly rate of illness benefit or invalidity pension that was being paid to that person on the day immediately before the day for which partial capacity benefit is awarded, including any increase in that benefit or pension, where payable, and

(b) in the case of a person to whomsection 46A(1)(c)(ii)applies, be prescribed in regulations.

(2) Notwithstandingsubsection (1)—

(a) any change in circumstances that would have resulted in a variation in the rate of illness benefit or invalidity pension payable, if that person had continued receiving the said benefit or pension, or

(b) any general variation in the weekly rates of benefits, pensions, allowances or supplements under this Act,

shall have similar effect in relation to the rate of partial capacity benefit payable in that case.

(3) For the purposes ofsubsection (2)a change in circumstances shall include a situation where a person, who initially qualifies for partial capacity benefit by virtue ofsection 46A(1)(c)(i)(I), subsequently continues to qualify for partial capacity benefit by virtue of being deemed to satisfy the qualifying conditions for invalidity pension in accordance withsection 46C(3)(b).

(4)Subsections (2)and(3)shall apply to the weekly rate prescribed in regulations undersubsection (1)(b), and the regulations may provide for a change in circumstances referred to insubsections (2)and(3)and a general variation referred to insubsection (2).]

46C. F390[Duration.

46C.—(1) Subject to this Chapter, partial capacity benefit shall be paid for a maximum period of 156 weeks.

(2) Subject tosubsection (3), where partial capacity benefit is paid in accordance with regulations made undersection 46A(6), the Minister may by regulations provide that partial capacity benefit shall be paid for a period, or periods, less than that specified insubsection (1)and the duration of such lesser period, or periods, shall relate to the extent to whichsection 46A(1)(b)is not satisfied.

(3) Notwithstandingsubsections (1)and(2), where a person qualifies for partial capacity benefit by virtue ofsection 46A(1)(c)(i)(I)—

(a) the duration of partial capacity benefit shall be limited to—

(i) the period specified insubsection (1)or in regulations made undersubsection (2)as appropriate to the circumstances, or

(ii) the remaining period of entitlement to illness benefit in the period of interruption of employment concerned that would have been paid if the person had continued to claim illness benefit,

whichever is the shorter period, and

(b) subject tosubsection (4), payment of partial capacity benefit may continue beyond the period specified inparagraph (a)(ii)where immediately on the termination of the entitlement of the person entitled to partial capacity benefit underparagraph (a)(ii)the person is deemed to satisfy the qualifying conditions for invalidity pension.

(4) Where a person is paid partial capacity benefit for a period referred to insubsection (3)(a)(ii)and such payment is continued in accordance withsubsection (3)(b), the total period for which partial capacity benefit shall be paid underparagraphs (a)(ii)and(b)ofsubsection (3)shall not exceed 156 weeks or such lesser period as may be provided for in regulations undersubsection (2).]

F391[(5) Where a person is in receipt of partial capacity benefit immediately prior to attaining pensionable age, payment of that benefit shall cease upon him or her attaining pensionable age unless he or she—

(a) was born on or after 1 January 1958,

(b) is in receipt of partial capacity benefit by reason of having satisfied the requirement ofsection 46A(1)(c)(i)(I), and

(c) has, in the prescribed manner and within the prescribed period, notified the Minister of his or her desire to continue receiving partial capacity benefit after attaining pensionable age for any remaining period in which he or she is entitled to receive it.]

46D. F392[Regulations.

46D.—(1) The Minister may make regulations to provide for—

(a) disqualifying a person for receiving partial capacity benefit where the person fails without good cause to—

(i) attend for, or submit to, any medical or other examination or treatment,

(ii) comply with medical advice and instructions provided by a registered medical practitioner that relates to his or her incapacity, and

(iii) make himself or herself available to meet withF393[an officer of the Minister or a medical assessor]in respect of his or her claim for partial capacity benefit, and

(b) subject tosubsection (2), the circumstances and conditions in which a person may relinquish entitlement to partial capacity benefit and subsequently reclaim that benefit.

(2) Where a person has been paid partial capacity benefit and the person relinquishes entitlement to that benefit and subsequently reclaims that benefit, the total duration for which that benefit shall be paid in respect of both the period prior to the relinquishment and the period in which it is reclaimed shall not exceed 156 weeks or such lesser period as may be provided for in regulations undersection 46C(2).]

Chapter 9

47. Entitlement to and duration of benefit. [1997 s10(1)]

47.—(1) Subject to this Act, a woman shall be entitled to maternity benefit where—

(a) it is certified by a registered medical practitioner or otherwise to the satisfaction of the Minister that it is to be expected that the woman will be confined in a week specified in the certificate (hereafter in this section referred to as “the expected week of confinement”) not being more than the prescribed number of weeks after that in which the certificate is given, F394[or it is certified by a registered medical practitioner or otherwise to the satisfaction of the Minister that a woman has been confined,]

(b) in the case of an employed contributor, it is certified by the woman's employer that she is entitled to maternity leave under section 8 of the Maternity Protection Act 1994, and

[1997 s10(1)]

(2) The requirement in subsection (1)(c) shall not apply in the case of a claim for maternity benefit made by a woman who was in receipt of health and safety benefit under section 52 at any time during the pregnancy as a result of which it is expected that she will be confined.

[1997 s10(1)]

(3) Regulations may provide for entitling to maternity benefit, subject to the conditions and in the circumstances that may be prescribed, the class or classes of women who would be entitled to that benefit but for the fact that the contribution conditions in section 48 are not satisfied.

[1997 s10(1); 2001 s12(1)(a)]

(4) F395[(a) Subject to this Act andparagraph (b), where a woman, who has been delivered of a living child, dies at any time following the week of her confinement and before the expiry of the payment to her of the maternity benefit that would have been payable to her had she not died, the father of the child shall be entitled to benefit under this Chapter as if he were a woman and the provisions of this Chapter (other thansections 48and50(b)) apply in all respects in the case of that man.]

(b) Paragraph (a) applies in the case of an employed contributor where it is certified by his employer that he is entitled to leave under section 16 of the Maternity Protection Act 1994.

(c) In this Act, a reference to maternity benefit shall be read as including a reference to benefit payable to a man under this subsection.

[1997 s10(1); 2004 (MP) s8(1)]

(5) Subject to this Chapter, maternity benefit shall be payable to—

(a) a woman, who is an employed contributor, for the period of maternity leave to which she is entitled under section 8 of the Maternity Protection Act 1994 (including any extension of that period by virtue of section 12 of that Act),

(b) a woman, who is in insurable self-employment, for F396[26] weeks—

(i) beginning not later than 2 weeks before the end of the expected week of confinement, and

(ii) ending not earlier than 4 weeks after the end of the expected week of confinement,

but if the date of confinement occurs in a week after the expected week of confinement, the period in respect of which benefit shall be payable shall be extended by the number of consecutive weeks, subject to a maximum of 4 consecutive weeks, after the week in which the date of confinement occurs as ensures compliance with subparagraph (ii),

F397[(ba) a woman referred to inparagraph (b), for a further period—

(i) that is in addition to the period referred to inparagraph (b)if, on or after 1 October 2017, the date of confinement occurs more than two weeks before the end of the expected week of confinement, and

(ii) the duration of that further period shall be equal to the duration of the premature birth period,]

F398[(c) a man who—

(i) is an employed contributor, for the period of leave to which he is entitled under section 16 of the Maternity Protection Act 1994 or for 6 weeks, whichever is the longer period of time, or

(ii) is in insurable self-employment, for a period beginning on the day after the day on which the death of the mother occurs—

(I) where the mother dies before the expiry of the twenty-fourth week following the week of her confinement, to the end of the twenty-fourth week following the week of her confinement, or for 6 weeks, whichever isF399[the longer period of time,]

(II) where the mother dies after the expiry of the twenty-fourth week but before the expiry of the fortieth week following the week of her confinement, to the end of the fortieth week following the week of her confinement, or for 6 weeks, whichever is the longer period of time,

F400[(III) where, on or after 1 October 2017, the date of confinement is more than two weeks before the end of the expected week of confinement and the mother dies before the expiry of a combined period which comprises—

(A) twenty-six weeks following the week of her confinement, and

(B) the duration of the premature birth period,

to the end of that combined period, or for 6 weeks, whichever is the longer period of time, or

(IV) where, on or after 1 October 2017, the date of confinement is more than two weeks before the end of the expected week of confinement and the mother dies after the expiry of the twenty-sixth week following the week of her confinement but before the expiry of a further combined period which comprises—

(A) forty-two weeks following the week of her confinement, and

(B) the duration of the premature birth period,

to the end of that further combined period, or for 6 weeks, whichever is the longer period of time,]

but if the beneficiary dies, the benefit shall not be payable for any subsequent day.]

[1997 s10(1)]

(6) Regulations may modify subsections (1) and (5) in relation to cases where—

(a) it is certified by a registered medical practitioner or otherwise to the satisfaction of the Minister that a woman has been confined, and

(b) a certificate referred to in subsection (1)(a) has not been given.

[2004 (MP) s8]

(7) Regulations may provide for the postponement of the payment of maternity benefit in the event of the hospitalisation of the child in respect of whose birth the person is entitled to that benefit, subject to the conditions and in the circumstances that may be prescribed.

F401[(7A) Regulations may provide for the postponement of the payment of maternity benefit in the event of the person who is entitled to that benefit having a serious health condition within the meaning of section 14C of the Maternity Protection Act 1994, subject to the conditions and in the circumstances that may be prescribed.]

[1997 s10(1); 2001 s37 & Sch F]

(8) For the purposes of this section, a Sunday shall not in any week be treated as a day of entitlement to maternity benefit and, accordingly, the amount payable by way of that benefit for any other day of a week shall be one-sixth of the appropriate weekly rate, subject to the total amount being paid at any time by virtue of this subsection being rounded up to the nearest 10 cent where it is a multiple of 5 cent but not also a multiple of 10 cent, and being rounded to the nearest 10 cent where it is not a multiple of 5 cent or 10 cent.

[1997 s10(1)]

(9) In the case of an employed contributor, where the employment ceases (whether due to the death of the employer or otherwise) during the period for which maternity benefit is payable under subsection (5), the beneficiary shall continue to be treated as if the event which caused the cesser of employment had not occurred.

[1997 s10(1)]

(10) Regulations may provide for requiring an employer or any other person to furnish any information that may be required for the purposes of determining a claim for maternity benefit.

48. Conditions for receipt.

48.—The contribution conditions for maternity benefit are—

[1997 s10(1); 2005 (SW&P) s11(b)]

(a) in the case of an employed contributor—

(i) (I) that the claimant has qualifying contributions in respect of not less than 39 contribution weeks in the period beginning with her entry into insurance and ending immediately before the relevant day, and

(II) (A) that the claimant has qualifying contributions or credited contributions in respect of not less than 39 contribution weeks in the second last complete contribution year before the beginning of the benefit year in which the relevant day occurs or in a subsequent complete contribution year before the relevant day, or

(B) that the claimant has qualifying contributions in respect of not less than 26 contribution weeks in each of the second last and third last complete contribution years before the beginning of the benefit year in which the relevant day occurs,

(ii) that the claimant has qualifying contributions in respect of not less than 39 contribution weeks in the 12 months immediately before the relevant day, or having been in insurable self-employment, she satisfies the contribution conditions in paragraph (b),

[1997 s10(1)]

(b) in the case of a person in insurable self-employment—

(i) that the claimant has qualifying contributions in respect of not less than 52 contribution weeks in the second last complete contribution year or in the third last complete contribution year before the beginning of the benefit year in which the relevant day occurs, or in a subsequent complete contribution year before the relevant day, or

(ii) where the claimant was previously an employed contributor, that she satisfies the contribution conditions in paragraph (a)(i) or that she has employment contributions in respect of not less than 39 contribution weeks in the 12 months immediately before the relevant day.

49. Rate of benefit. [1997 s10(1); 2004 SWA s7]

49.—F402[(1) Subject to this Act, the weekly rate of maternity benefit shall be—

(a) in the case of a claim for maternity benefit where the first day in respect of which benefit is payable is before 6 January 2014, an amount equal to the greater of—

(i) 80 per cent of the reckonable weekly earnings, reckonable weekly emoluments or reckonable weekly income, as the case may be, of the woman to whom the benefit is payable in the income tax year prescribed for the purposes of this section, or

(ii) the amount of illness benefit, including any increases of that benefit, which the woman would otherwise receive if she was entitled to that benefit, or

(iii) any amount that shall be prescribed, for the purposes of this paragraph,

(b) in the case of a claim for maternity benefit where the first day in respect of which benefit is payable is on or after 6 January 2014, an amount equal to the greater of—

(i) the amount of illness benefit, including any increases of that benefit, which the woman would otherwise receive if she was entitled to that benefit, or

F403[(ii)€299.]]

[1997 s10(1)]

(2) In this section “reckonable weekly earnings”, “reckonable weekly emoluments” and “reckonable weekly income” mean the average amount, calculated in accordance with regulations, of reckonable earnings, reckonable emoluments, reckonable income and any other income that may be prescribed, received in a week up to that limit that may be prescribed.

50. F404[ Disqualifications.]

[1997 s10(1)]

F404[50.—Regulations may provide for disqualifying a woman for receiving maternity benefit where—

(a) during the period for which the benefit is payable, she engages in any form of insurable employment, insurable (occupational injuries) employment, insurable self-employment, any employment referred to inparagraph 1,2,3or6ofPart 2ofSchedule 1or any self-employment referred to inparagraph 1or5ofPart 3ofSchedule 1, or

(b) she fails, without good cause, to attend for or to submit herself to any medical examination that may be required in accordance with regulations made under this section.]

51. Supplementary provisions. [1997 s10(1)]

51.—(1) In this Chapter—

(a) F405[‘confinement’means—

(i) labour resulting in the issue of a living child, or

(ii) labour resulting in the issue of a stillborn child,

and‘confined’shall be construed accordingly;]

F406[‘premature birth period’means a period which—

(a) commences on a date of confinement which occurs on or after 1 October 2017, and

(b) expires two weeks before the end of the expected week of confinement;]

F407[…]

“relevant day” means the first day for which maternity benefit is claimed;

F408[‘stillborn child’ has the same meaning as it has in the Civil Registration Act 2004.]

(b) references to the date of the confinement shall be taken as referring, where labour begun on one day results in the issue of a child on another day, to the date of the issue of the child or, where a woman is confined with twins or a greater number of children, to the date of the issue of the last child.

[1997 s10(1)]

(2) In deciding whether or not to make an order under section 21A (inserted by the Status of Children Act 1987) of the Family Law (Maintenance of Spouses and Children) Act 1976, in so far as any such order relates to the payment of expenses incidental to the birth of a child, the Circuit Court or the District Court, as the case may be, shall not take into consideration the fact that the mother of the child is entitled to maternity benefit.

Chapter 10

52. Entitlement to benefit. [SI 25/95 Art 6]

52.—(1) In this Chapter—

“confined” and “confinement” have the meanings given to them by section 51;

“relevant period” has the meaning given to it by section 18(6) of the Maternity Protection Act 1994.

[SI 25/95 Art 6]

(2) Subject to this Act, a woman shall be entitled to health and safety benefit, where—

(a) it is certified by a registered medical practitioner or otherwise to the satisfaction of the Minister that it is to be expected that she will be confined or that she has been confined, as the case may be, in a week specified in the certificate,

(b) it is certified by her employer, in accordance with section 18(2) of the Maternity Protection Act 1994, that she has been granted leave under section 18 of that Act (hereafter in this Chapter referred to as “health and safety leave”), and

[SI 25/96 Art 6; 2001 s37 & Sch F]

(3) For the purposes of this Chapter—

(a) any 2 periods of health and safety leave arising in a relevant period shall be treated as one period of health and safety leave, and

(b) a Sunday shall not in any week be treated as a day of entitlement to health and safety benefit and, accordingly, the amount payable by way of that benefit for any other day of a week shall be one-sixth of the appropriate weekly rate, subject to the total amount being paid at any time by virtue of this subsection being rounded up to the nearest 10 cent where it is a multiple of 5 cent but not also a multiple of 10 cent, and being rounded to the nearest 10 cent where it is not a multiple of 5 cent or 10 cent.

53. Conditions for receipt. [SI 25/96 Art 6; 2005 (SW&P) s11(c)]

53.—(1) The conditions for health and safety benefit are—

(a) (i) that the claimant has qualifying contributions in respect of not less than 13 contribution weeks in the 12 months immediately before the expected date of confinement or the actual date of confinement, as the case may be, or

(ii) F410[(I) that the claimant has qualifying contributions in respect of not less than 104 contribution weeks in the period beginning with her entry into insurance and ending immediately before the first day for which health and safety benefit is claimed, and]

(II) F411[(A) that the claimant has qualifying contributions or credited contributions in respect of not less than 39 contribution weeks, in the second last complete contribution year before the beginning of the benefit year or in a subsequent complete contribution year which includes the first day for which health and safety benefit is claimed, of which at least 13 must be qualifying contributions, or]

and

(b) that the claimant has prescribed reckonable weekly earnings in excess of a prescribed amount in a prescribed period.

[2003 s9(2)(b)]

(2) In the case of a claim for health and safety benefit where the period of health and safety leave began before 5 April 2004, subsection (1)(a)(ii)(I) shall be read as if “39” were substituted for “52”.

F412[(2A) In the case of a claim for health and safety benefit where the period of health and safety leave began on or after 5 April 2004 and before 5 January 2009,subsection (1)(a)(ii)(I)shall be read as if‘52’were substituted for‘104’.]

[SI 25/95 Art 6]

(3) The requirement in subsection (1)(a) shall not apply in the case of a claim for health and safety benefit which is made in a relevant period where the claimant was previously in receipt of maternity benefit under section 47 in that relevant period.

[SI 25/95 Art 6]

(4) Subject to subsection (5), regulations may provide for entitling to health and safety benefit a woman who would be entitled to that benefit but for the fact that the condition in subsection (1)(b) is not satisfied.

[SI 25/95 Art 6]

(5) Regulations for the purposes of subsection (4) shall provide that benefit payable by virtue of that subsection shall be payable at a rate less than that specified in Schedule 2, and the rate specified by the regulations may vary with the extent to which the condition in subsection (1)(b) is satisfied.

[1999 s24(3)]

(6) The requirement contained in subsection (1)(b) that the claimant must have prescribed reckonable weekly earnings in excess of a prescribed amount in the prescribed period shall not apply in the case of a claim for health and safety benefit made by a person in the benefit year in which that person, having been a volunteer development worker, returns to the State from a developing country or in the next 2 succeeding benefit years.

54. Duration of payment. [SI 25/95 Art 6]

54.—(1) Subject to this Chapter, health and safety benefit shall be payable from the day immediately following the last of the 21 days of health and safety leave in respect of which the claimant is entitled to receive remuneration from her employer under section 18(4) of the Maternity Protection Act 1994 and regulations made under that subsection and shall continue to be payable for the period of health and safety leave granted to the claimant under Part III of the Maternity Protection Act 1994.

[SI 25/95 Art 6]

(2) Health and safety benefit shall not be payable for any day in respect of which maternity benefit under section 47 is payable.

[SI 25/95 Art 6]

(3) Where the woman who is entitled to health and safety benefit dies, the benefit shall not be payable for any subsequent day.

55. Rate of benefit. [SI 25/95 Art 6]

55.—Subject to this Act, the weekly rate of health and safety benefit shall be as set out in column (2) of Part 1 of Schedule 2.

56. Increases for qualified adult and qualified children. [SI 25/95 Art 6; 1997 s28(4) & Sch F]

56.—(1) The weekly rate of health and safety benefit shall be increased by the amount set out in column (3) of Part 1 of Schedule 2 for any period during which the beneficiary has a qualified adult, subject to the restriction that a beneficiary shall not be entitled for the same period to an increase of benefit under this subsection in respect of more than one person.

[SI 25/95 Art 6]

F413[(2) The weekly rate of health and safety benefit shall be increased by the amount set out—

(a) incolumn (4)ofPart 1ofSchedule 2in respect of each qualified child who has not attained the age of 12 years who normally resides with the beneficiary, and

(b) incolumn (5)ofPart 1ofSchedule 2in respect of each qualified child who has attained the age of 12 years who normally resides with the beneficiary.]

[SI 25/95 Art 6; 2003 s10(1)(b)]

(3) Subject to subsection (4), any increase of health and safety benefit payable under subsection (2) in respect of a qualified child who normally resides with the beneficiary and with the spouse F414[, civil partner or cohabitant] of a beneficiary shall be payable at the rate of one-half of the appropriate amount in any case where the spouse F414[, civil partner or cohabitant] of the beneficiary is not a qualified adult and subsection (2) shall be read and have effect accordingly.

[2003 s10(1)(b)]

(4) Subsection (3) shall not apply and no increase of health and safety benefit payable under subsection (2) in respect of a qualified child who normally resides with the beneficiary and with the spouse F414[, civil partner or cohabitant] of a beneficiary shall be payable where the weekly income of that spouse F414[, civil partner or cohabitant], calculated or estimated in the manner that may be prescribed, exceeds the amount that may be prescribed.

57. Disqualifications. [SI 25/95 Art 6]

57.—A woman shall be disqualified for receiving health and safety benefit during any period in which she engages in any occupation other than domestic activities in her own household.

Chapter 11

58. Entitlement to and duration of adoptive benefit. [1997 s11(1)]

58.—(1) In this Chapter—

F415[‘adopting parent’ means—

(a) a qualifying adopter, or

(b) a surviving parent;]

“certificate of placement” has the meaning given to it by section 13 of the Adoptive Leave Act 1995;

“day of placement” has the meaning given to it by section 2(1) of the Adoptive Leave Act 1995;

F416[…]

F417[‘qualifying adopter’—

(a) in the case of an employed contributor, has the meaning given to it by section 2(1) of the Adoptive Leave Act 1995 (as amended by section 5 of the Family Leave and Miscellaneous Provisions Act 2021), or

(b) in the case of a person in insurable self-employment means—

(i) in the case of a child who is, or is to be, adopted jointly by a married couple, a couple who are civil partners of each other or a cohabiting couple, the member of the couple concerned, chosen by that couple to be the qualifying adopter for the purposes of this Act, and in whose care the child (of whom neither the qualifying adopter nor his or her spouse, civil partner or cohabitant, as the case may be, is the mother or father) has been placed or is to be placed with a view to the making of an adoption order, or to the effecting of a foreign adoption or following any such adoption, or

(ii) in any other case, a person who is not a surviving parent in whose care a child has been placed or is to be placed with a view to the making of an adoption order, or to the effecting of a foreign adoption or following any such adoption;

‘surviving parent’—

(b) in the case of a person in insurable self-employment means a person who was the spouse, civil partner or cohabitant, as the case may be, of the qualifying adopter where the qualifying adopter concerned has died;]

[1997 s11(1)]

(2) Subject to this Act, an adopting parent shall be entitled to adoptive benefit where—

(a) (i) in the case of an employed contributor, it is certified by the adopting parent's employer that the adopting parent is entitled to adoptive leave under the Adoptive Leave Act 1995, or

(ii) in the case of a person in insurable self-employment, a certificate of placement is issued to the adopting parent,

and

(b) the adopting parent satisfies the contribution conditions in section 59.

[1997 s11(1)]

(3) Regulations may provide for entitling to adoptive benefit, subject to the conditions and in the circumstances that may be prescribed, the class or classes of adopting parents who would be entitled to that benefit but for the fact that the contribution conditions in section 59 are not satisfied.

[1997 s11(1); 2004 (MP) s9]

(4) Subject to this Chapter, adoptive benefit shall be payable—

F418[(a) in the case of an employed contributor—

(i) for the period of adoptive leave to which the adopting parent is entitled undersection 6of theAdoptive Leave Act 1995, or

(ii) for the period of adoptive leave to which the adopting parent is entitled undersection 9of theAdoptive Leave Act 1995or for 6 weeks, whichever is the longer period of time, and the provisions ofsection 59shall not apply,]

(b) in the case of a person in insurable self-employment, being—

(i) F419[a qualifying adopter within the meaning ofparagraph (b)of that definition], for F420[24] consecutive weeks beginning on the day of placement, or

F421[(ii)F422[a surviving parent within the meaning ofparagraph (b)of that definition]—

(I) before the day of placement, for 24 consecutive weeks beginning on the day of placement, or

(II) on or after the day of placement, for a period of 24 weeks less a period equivalent to the period beginning on the day of placement and ending on theF423[date of death of the qualifying adopter]or for 6 weeks, whichever is the longer period of time, and the provisions ofsection 59shall not apply,]

but where the beneficiary dies, the benefit shall not be payable for any subsequent day.

[1997 s11(1); 2001 s37 & Sch F]

(5) For the purposes of this section, a Sunday shall not in any week be treated as a day of entitlement to adoptive benefit and, accordingly, the amount payable by way of that benefit for any other day of a week shall be one-sixth of the appropriate weekly rate, subject to the total amount being paid at any time by virtue of this subsection being rounded up to the nearest 10 cent where it is a multiple of 5 cent but not also a multiple of 10 cent, and being rounded to the nearest 10 cent where it is not a multiple of 5 cent or 10 cent.

[1997 s11(1)]

(6) In the case of an employed contributor, where the employment ceases (whether due to the death of the employer or otherwise) during the period for which adoptive benefit is payable in accordance with subsection (4), the beneficiary shall continue to be treated as if the event which caused the cesser of employment had not occurred.

[1997 s11(1)]

(7) Regulations may provide for requiring an employer or any other person to furnish any information that may be required for the purposes of determining a claim for adoptive benefit.

F424[(8) Regulations may provide for the postponement of the payment of adoptive benefit in the event of the hospitalisation of the child in respect of whose adoption the person is entitled to that benefit, subject to the conditions and in the circumstances that may be prescribed.]

59. Conditions for receipt. [1997 s11(1); 2005 (SW&P) s11(d)]

59.—(1) The contribution conditions for adoptive benefit are—

(a) in the case of an employed contributor—

(i) (I) that the claimant has qualifying contributions in respect of not less than 39 contribution weeks in the period beginning with the claimant's entry into insurance and ending immediately before the relevant day, and

(ii) that the claimant has qualifying contributions in respect of not less than 39 contribution weeks in the 12 months immediately before the relevant day, or having been in insurable self-employment satisfies the contribution conditions in paragraph (1)(b),

(b) in the case of a person in insurable self-employment—

(ii) where the claimant was previously an employed contributor, that he or she satisfies the contribution conditions in paragraph (a)(i) or that he or she has employment contributions in respect of not less than 39 contribution weeks in the 12 months immediately before the relevant day.

[1997 s11(1)]

(2) In subsection (1) “relevant day” means the first day for which adoptive benefit is claimed.

60. Rates of adoptive benefit. [1997 s11(1); 2004 SWA s7]

60.—F426[(1) Subject to this Act, the weekly rate of adoptive benefit shall be—

(a) in the case of a claim for adoptive benefit where the first day in respect of which benefit is payable is before 6 January 2014, an amount equal to the greater of—

(ii) the amount of illness benefit, including any increases of that benefit, which the woman would otherwise receive if she was entitled to that benefit, or

(iii) any amount that shall be prescribed, for the purposes of this paragraph,

(b) in the case of a claim for adoptive benefit where the first day in respect of which benefit is payable is on or after 6 January 2014, an amount equal to the greater of—

(i) the amount of illness benefit, including any increases of that benefit,F427[which the person would otherwise receive if he or she was entitled to that benefit], or

F428[(ii)€299.]]

[1997 s11(1)]

(2) In this section “reckonable weekly earnings”, “reckonable weekly emoluments” and “reckonable weekly income” mean the average amount, calculated in accordance with regulations, of reckonable earnings, reckonable emoluments, reckonable income and any other income received in a week that may be prescribed up to the limit that may be prescribed.

61. F429[ Disqualification.] [1997 s11(1)]

F429[61.—Regulations may provide for disqualifying an adopting parent for receiving adoptive benefit where, during the period for which the benefit is payable, the adopting parent engages in any form of insurable employment, insurable (occupational injuries) employment, insurable self-employment, any employment referred to inparagraph 1,2,3or6ofPart 2ofSchedule 1or any self-employment referred to inparagraph 1or5ofPart 3ofSchedule 1.]

F430[Chapter 11A

61A. F431[Interpretation

61A.(1) In this Chapter—

‘Act of 1995’means theAdoptive Leave Act 1995;

‘Act of 2010’means theAdoption Act 2010;

‘Act of 2016’means the Paternity Leave and Benefit Act 2016;

F432[…]

‘certificate of placement’has the meaning assigned to it by section 13 of the Act of 1995;

‘confinement’has the same meaning as it has inChapter 9and‘confined’shall be construed accordingly;

‘date of confinement’shall be construed in accordance withsection 51(1)(b);

‘day of placement’has the same meaning as it has in the Act of 2016;

‘declaration of eligibility and suitability’has the same meaning as it has in the Act of 2010;

‘expected week of confinement’has the meaning assigned to it bysection 61B(1)(b)(ii)(I);

‘paternity leave’has the meaning assigned to it bysection 6of the Act of 2016;

‘provides care in relation to a child’shall be construed in accordance withsection 61B(3);

F433[‘qualifying adopter’—

(a) in the case of an employed contributor, has the meaning given to it by section 2(1) of the Act of 1995, or

(b) in the case of a person in insurable self-employment means—

F434[…]

‘relevant day’means the first day for which paternity benefit is claimed;

‘relevant parent’, in relation to a child—

(a) in the case of an employed contributor, has the meaning given to it bysection 2(1) of the Act of 2016, and

(b) in the case of a person in insurable self-employment, means a person (other than the mother of the child) who is—

F435[(i) in the case of a child who is, or is to be, adopted jointly by a married couple, a couple who are civil partners of each other or a cohabiting couple, the member of the couple concerned, chosen by that couple to be the relevant parent for the purposes of this Chapter, or]

(ii) in any other case—

(I) the father of the child,

(II) the spouse, civil partner or cohabitant, as the case may be, of the mother of the child, or

F436[(III) a parent of the child undersection 5of theChildren and Family Relationships Act 2015where the child is a donor-conceived child within the meaning of Part 2 of that Act;]

F437[…]

‘surviving parent’means, in relation to a child whose relevant parent has died—

(a) in the case of a child who is, or is to be, adopted,F438[the qualifying adopter]of the child, or

(b) in any other case, the mother of the child;

‘transferred paternity leave’has the meaning assigned to it bysection 15of the Act of 2016.

(2) For the purpose of this Chapter, a reference to a child who is, or is to be, adopted is a reference to a child who is, or is to be, the subject of—

(a) an adoption order within the meaning of the Act of 2010, or

(b) an intercountry adoption effected outside the State within the meaning of that Act and recognised under that Act.

(3) In this Chapter, a reference to the mother of a child includes a reference to the expectant mother of a child, unless the context otherwise requires.]

61B. F439[Entitlement to and duration of benefit

61B.(1) Subject to this Act, a relevant parent shall be entitled to paternity benefit in respect of a period during which the relevant parent provides care in relation to a child where—

(a) in the case of an employed contributor, it is certified by the employer of the relevant parent that he or she is entitled to paternity leave under the Act of 2016,

(b) in the case of a person in insurable self-employment, being—

(i) a relevant parent referred to inparagraph (b)(i)of the definition of‘relevant parent’insection 61A(1)—

(I) a certificate of placement is issued in relation to the child, or

(II) a declaration of eligibility and suitability is issued in relation to the child and particulars in writing are provided of the day of placement or expected day of placement,

(ii) a relevant parent referred to inparagraph (b)(ii)of the definition of‘relevant parent’insection 61A(1)—

(I) it is certified by a registered medical practitioner, or otherwise to the satisfaction of the Minister, that it is expected that the mother of the child will be confined in a week specified in the certificate (in this section referred to as the‘expected week of confinement’) not being more than the prescribed number of weeks after that in which the certificate is given, or

(II) it is certified by a registered medical practitioner, or otherwise to the satisfaction of the Minister, that the mother of the child has been confined,

and

(2) Regulations may provide for entitling to paternity benefit, subject to the conditions and in the circumstances that may be prescribed, the class or classes of persons who would be entitled to that benefit but for the fact that the contribution conditions insection 61Care not satisfied.

(3) Paternity benefit shall be payable under this Chapter to a relevant parent in relation to a child for the purpose of enabling the relevant parent to provide, or assist in the provision of, care to the child or to provide support toF440[the qualifying adopter]or mother of the child, as the case may be, or both, and‘provides care in relation to a child’shall be construed accordingly.

(4) Subject tosubsections (5)and(7)(c)—

(a) only one paternity benefit shall be payable in relation to a child, and

(b) where—

(i) the birth of the child is part of a multiple birth of 2 or more children, or

(ii) a person adopts 2 or more children at the same time,

only one paternity benefit shall be payable in relation to the children concerned.

(5)Subsection (4)shall not operate to prevent paternity benefit from being paid to a relevant parent referred to inparagraph (b)(i)of the definition of‘relevant parent’insection 61A(1)in relation to a child by reason only that paternity benefit has already been paid in relation to that child to a person other than the relevant parent concerned prior to the adoption of the child.

(6) The surviving parent of a child shall be entitled to benefit under this Chapter as if he or she were the relevant parent and the provisions of this Chapter (other thansection 61C)shall apply in the case of the surviving parent where—

(a) in the case of a surviving parent who is an employed contributor, it is certified by the employer of the surviving parent that he or she is entitled to transferred paternity leave under the Act of 2016, or

(b) in any other case, the relevant parent entitled to paternity benefit in relation to the child dies before the expiry of the twenty-eighth week following the date of confinement or day of placement.

(7) Subject to this Chapter, paternity benefit shall be payable—

(a) in the case of an employed contributor—

(i) for the period of paternity leave to which the relevant parent is entitled under the Act of 2016, or

(ii) for the period of transferred paternity leave to which a surviving parent is entitled under the Act of 2016,

(b) in the case of a person in insurable self-employment, being—

(i) a relevant parent referred to inparagraph (b)(i)of the definition of‘relevant parent’insection 61A(1), for 2 consecutive weeks—

(I) beginning on or after the day of placement, and

(II) ending not later than 28 weeks after the day of placement,

(ii) a relevant parent referred to inparagraph (b)(ii)of the definition of‘relevant parent’insection 61A(1), for 2 consecutive weeks—

(I) beginning on or after the date of confinement, and

(II) ending not later than 28 weeks after the date of confinement,

(i)F441[the qualifying adopter]of the child, for 2 consecutive weeks less any period for which paternity benefit has already been paid in relation to the child—

(I) where he or she is entitled to or is in receipt of adoptive benefit underChapter 11, beginning on the day immediately after the last day for which adoptive benefit is claimed by the surviving parent, or

(II) in any other case, within the period specified inparagraph (b)(i)(I)and(II),

(ii) the mother of the child, for 2 consecutive weeks less any period for which paternity benefit has already been paid in relation to the child—

(I) where she is entitled to or is in receipt of maternity benefit underChapter 9, beginning on the day immediately after the last day for which maternity benefit is claimed by the surviving parent, or

(II) in any other case, within the period specified inparagraph (b)(ii)(I)and(II),

but where the surviving parent dies, the benefit shall not be payable for any subsequent day.

(8) Where a relevant parent to whom paternity benefit is payable in accordance withsubsection (7)(b)becomes entitled—

(a) pursuant tosection 47(4), to maternity benefit underChapter 9, or

(b) pursuant tosection 58(4)(b)(ii), to adoptive benefit underChapter 11,

the payment of the paternity benefit shall be postponed to the day immediately after the last day for which maternity benefit or adoptive benefit is claimed by the relevant parent.

(9) Where a relevant parent is entitled to paternity benefit in accordance withsubsection (1)(b)(ii)(I), the payment of the paternity benefit in accordance with this Chapter may be postponed in the event that the date of confinement occurs after the expected week of confinement and regulations may provide for the period of such postponement.

(10) In the event of the hospitalisation of the child in relation to whom the relevant parent is entitled to paternity benefit, the payment of the paternity benefit in accordance with this Chapter may be postponed and regulations may provide for the period of such postponement.

(11) Where provision is made undersubsection (10)for the postponement of the payment of paternity benefit, the payment may be payable after the period specified insubsection (7)(b)(i)or(ii)but shall not be postponed to a day later than the day immediately after the day on which the child is discharged from hospital.

(12) For the purposes of this section, a Sunday shall not in any week be treated as a day of entitlement to paternity benefit and, accordingly, the amount payable by way of that benefit for any other day of a week shall be one-sixth of the appropriate weekly rate, subject to the total amount being paid at any time by virtue of this subsection being rounded up to the nearest 10 cent where it is a multiple of 5 cent but not also a multiple of 10 cent, and being rounded to the nearest 10 cent where it is not a multiple of 5 cent or 10 cent.

(13) In the case of an employed contributor, where the employment ceases during the period for which paternity benefit is payable under this Chapter, the beneficiary shall continue to be treated as if the event which caused the cesser of employment had not occurred.

(14) Subject tosubsection (6), a person who is entitled to, or is in receipt of, adoptive benefit underChapter 11in accordance withsection 58(4)(a)(i)or(b)(i)shall not be entitled to benefit under this Chapter.

(15) Regulations may provide for requiring an employer or any other person to furnish any information that may be required for the purposes of determining a claim for paternity benefit.

(16) This section applies—

(a) in the case of a child who is, or is to be, adopted, where the day of placement in respect of the child falls on or after 1 September 2016, or

(b) in any other case, where the date of confinement in respect of the child falls on or after 1 September 2016.]

61C. F442[Conditions for receipt

61C.The contribution conditions for paternity benefit are—

(a) in the case of an employed contributor—

(i) (I) that the claimant has qualifying contributions in respect of not less than 39 contribution weeks in the period beginning with his or her entry into insurance and ending immediately before the relevant day, and

(ii) that the claimant has qualifying contributions in respect of not less than 39 contribution weeks in the 12 months immediately before the relevant day, or having been in insurable self- employment, he or she satisfies the contribution conditions inparagraph (b),

and

(b) in the case of a person in insurable self-employment—

(ii) where the claimant was previously an employed contributor, that he or she satisfies the contribution conditions inparagraph (a)(i)or that he or she has employment contributions in respect of not less than 39 contribution weeks in the 12 months immediately before the relevant day.]

61D. F443[Rate of benefit

61D.Subject to this Act, the weekly rate of paternity benefit shall be an amount equal to the greater of—

(a) the amount of illness benefit, including any increases of that benefit, which the person would otherwise receive if he or she was entitled to that benefit, or

F444[(b)€299.]]

61E. F445[ Disqualification

61E.Regulations may provide for disqualifying a relevant parent or a surviving parent for receiving paternity benefit where, during the period for which the benefit is payable, the relevant parent or surviving parent engages in any form of insurable employment, insurable (occupational injuries) employment, insurable self-employment, any employment referred to inparagraph 1,2,3or6ofPart 2ofSchedule 1or any self-employment referred to inparagraph 1or5ofPart 3ofSchedule 1.]

F446[Chapter 11B

61F. F447[Interpretation

61F.(1) In this Chapter—

‘Act of 1995’means theAdoptive Leave Act 1995;

‘Act of 2010’means theAdoption Act 2010;

‘Act of 2019’means the Parent’s Leave and Benefit Act 2019;

F448[…]

‘certificate of placement’has the meaning assigned to it by section 13 of the Act of 1995;

‘day of placement’has the same meaning as it has in the Act of 2019;

‘declaration of eligibility and suitability’has the same meaning as it has in the Act of 2010;

‘parent’s leave’has the meaning assigned to it bysection 5(1) of the Act of 2019;

F449[‘qualifying adopter’—

(a) in the case of an employed contributor, has the meaning given to it by section 2(1) of the Act of 1995 (as amended by section 5 of the Family Leave and Miscellaneous Provisions Act 2021), and

(b) in the case of a person in insurable self-employment means—

‘relevant day’means the first day for which parent’s benefit is claimed;

‘relevant parent’, in relation to a child—

(a) in the case of an employed contributor, has the same meaning as it has insection 2(1) of the Act of 2019, and

(b) in the case of a person in insurable self-employment, means a person who is—

F450[(i) in the case of a child who is, or is to be, adopted—

(I) where the child is or is to be adopted jointly—

(A) the qualifying adopter of the child, and

(B) the spouse, civil partner or cohabitant, as the case may be, of the qualifying adopter of the child chosen by that couple to be the relevant parent for the purposes of this Chapter,

(II) in any other case, the person in whose care the child has been or is to be placed with a view to the making of an adoption order, or to the effecting of a foreign adoption or following any such adoption,

and]

(ii) in any other case—

(I) a parent of the child,

(II) the spouse, civil partner or cohabitant, as the case may be, of a parent of the child, or

F451[(III) a parent of the child undersection 5of theChildren and Family Relationships Act 2015where the child is a donor-conceived child within the meaning of Part 2 of that Act;]

F452[…]

‘surviving parent’, in relation to a child whose relevant parent has died, means—

F453[(a) in the case of a child who is, or is to be, adopted, where the deceased relevant parent was a member of a couple referred to inparagraph (b)(i)(I)of the definition of relevant parent, the other member of that couple, and]

(b) in any other case—

(i) where the deceased relevant parent of the child was a parent referred to inparagraph (b)(ii)(I)or(b)(ii)(III), as the case may be, of the definition of relevant parent, the other parent of the child or the spouse, civil partner or cohabitant, as the case may be, of the deceased relevant parent, and

(ii) where the deceased relevant parent of the child was the spouse, civil partner or cohabitant, as the case may be, of a parent referred to inparagraph (b)(ii)(I)or(b)(ii)(III), as the case may be, of the definition of relevant parent, the parent concerned;

‘transferred parent’s leave’has the same meaning as it has in the Act of 2019.

(2) For the purpose of this Chapter, a reference to a child who is adopted is a reference to a child who is the subject of—

(a) an adoption order within the meaning of the Act of 2010, or

(b) an intercountry adoption effected outside the State and recognised under that Act.]

61G. F454[Entitlement to and duration of benefit

61G.(1) Subject to this Act, a relevant parent shall be entitled to parent’s benefit in respect of a period during which the relevant parent provides care and assistance in relation to a child, ending not later thanF455[104 weeks]after the birth of the child or the day of placement of the child, where—

(a) the relevant parent—

(i) is an employed contributor and it is certified by his or her employer that the parent is entitled to parent’s leave underPart 2of the Act of 2019, or

(ii) is in insurable self-employment,

and

(b) subject tosubsection (2), the relevant parent satisfies the contribution conditions insection 61H.

(2) Regulations may provide for entitling to parent’s benefit, subject to the conditions and in the circumstances that may be prescribed, the class or classes of persons who would be entitled to that benefit but for the fact that the contribution conditions insection 61Hare not satisfied.

(3) Parent’s benefit shall be payable under this Chapter to a relevant parent in relation to a child for the purpose of enabling the relevant parent to provide, or assist in the provision of, care to the child.

(4) A person who is a relevant parent in more than one capacity in respect of a child shall not be entitled to parent’s benefit in more than one such capacity in respect of the child.

(5) Subject tosubsections (6)and(10)(c), only one parent’s benefit shall be payable to a relevant parent in relation to a child and where—

(a) the birth of the child is part of a multiple birth of 2 or more children, or

(b) a person adopts 2 or more children at the same time,

only one parent’s benefit shall be payable to a relevant parent in relation to the children concerned.

(6)Subsection (5)shall not operate to prevent parent’s benefit being paid to a relevant parent referred to inparagraph (b)(i)of the definition of relevant parent insection 61F(1), in relation to a child by reason only that parent’s benefit has already been paid in relation to that child to a person other than the relevant parent concerned prior to the adoption of the child.

(7) Subject to this Chapter, parent’s benefit, for the period specified insubsection (10)(b)(i)or(ii), may be paid in respect of—

(a) a continuous period of parent’s leave, or

(b) periods of parent’s leave each consisting of not less than 1 week.

(8) Where the parent’s leave is taken in accordance withsubsection (7)(b), the employer must certify that the relevant parent is entitled to each period of leave underPart 2of the Act of 2019.

(9) Subject tosection 61H(2), the relevant parent must, at the time of application, satisfy the conditions for receipt of parent’s benefit, as set out insection 61H(1).

(10) Subject to this Chapter, parent’s benefit shall be payable—

(a) in the case of an employed contributor—

(i) for the period of parent’s leave to which the relevant parent is entitled underPart 2of the Act of 2019, or

(ii) for the period of transferred parent’s leave to which a surviving parent is entitled underPart 2of the Act of 2019,

F456[(b) in the case of a person in insurable self-employment, being—

(i) a relevant parent referred to inparagraph (b)(i)of the definition of relevant parent, for a continuous period ofF458[9 consecutive weeks]or periods consisting of not less than one week—

(I) beginning on or after the day of placement of the child, and

(II) ending not later than 104 weeks after the day of placement of the child,

(ii) a relevant parent referred to inparagraph (b)(ii)of the definition of relevant parent, for a continuous period ofF459[9 consecutive weeks]or periods consisting of not less than one week—

(I) beginning on or after the date of birth of the child, and

(II) ending not later than 104 weeks after the date of birth of the child,

or]

(c) in the case of a surviving parent entitled to parent’s benefit undersubsection (11)(b)(ii)being the relevant parent of the child, forF460[9 weeks]taken as a continuous period or periods consisting of not less than one week, less any period for which parent’s benefit has already been paid in relation to the child but where the surviving parent dies, the benefit shall not be payable for any subsequent day.

(11) (a) Subject toparagraph (b), parent’s benefit shall not be transferable between relevant parents.

(b) The surviving parent of a child shall be entitled to benefit under this Chapter as if he or she were the relevant parent and the provisions of this Chapter (other thansection 61H) shall apply in the case of the surviving parent where—

(i) in the case of a surviving parent who is an employed contributor, it is certified by the employer of the surviving parent that he or she is entitled to transferred parent’s leave underPart 2of the Act of 2019, or

(ii) in any other case, the relevant parent entitled to parent’s benefit in relation to the child dies before the expiry of theF457[one hundredth and fourth week]following the date of birth or the day of placement.

(12) In the event of the hospitalisation of the child in relation to whom the relevant parent is entitled to parent’s benefit, the payment of the parent’s benefit in accordance with this Chapter may be postponed and regulations may provide for the period of such postponement.

(13) Where provision is made undersubsection (12)for the postponement of the payment of parent’s benefit, the payment may be payable after the period specified insubsection (10)(b)(i)or(ii)but shall not be postponed to a day later than 7 days immediately after the day on which the child is discharged from hospital.

(14) Where a child in relation to whom a relevant parent is entitled to parent’s benefit dies on or before the expiration of the period of the entitlement concerned, the death of that child shall not affect the entitlement of the relevant parent to parent’s benefit.

(15) Where a person referred to inparagraph (b)of the definition of relevant parent is effected by seasonal variations in the volume of work in his or her business, profession or occupation, and the relevant parent cannot receive the parent’s benefit within the period referred to insubsection (10)(b)(i)or(ii), the reference to the period insubsection (10)(b)(i)or(ii)shall be construed as if it were extended by a period of 12 weeks.

(16) Where—

(a) a relevant parent referred to inparagraph (a)of the definition of relevant parent has his or her leave postponed in accordance withsection 7(3)(a) of the Act of 2019,

(b) a relevant parent referred to inparagraph (a)of the definition of relevant parent has his or her leave postponed in accordance withsection 13of the Act of 2019, or

(c) a relevant parent referred to inparagraph (b)of the definition of relevant parent cannot receive his or her parent’s benefit by virtue of the application ofsubsection (15),

the payment of parent’s benefit in accordance with this Chapter may be postponed and regulations may provide for the period of such postponement.

(17) For the purposes of this section, a Sunday shall not in any week be treated as a day of entitlement to parent’s benefit and, accordingly, the amount payable by way of that benefit for any other day of a week shall be one-sixth of the appropriate weekly rate, subject to the total amount being paid at any time by virtue of this subsection being rounded up to the nearest 10 cent where it is a multiple of 5 cent but not also a multiple of 10 cent, and being rounded to the nearest 10 cent where it is not a multiple of 5 cent or 10 cent.

(18) Regulations may provide for requiring an employer or any other person to furnish any information that may be required for the purposes of determining a claim for parent’s benefit.

(19) Subject tosubsections (20)and(21), this section applies—

(a) in the case of a child who is, or is to be, adopted, where the day of placement in respect of the child falls on or after 1 November 2019, or

(b) in any other case, where the date of birth of the child falls on or after 1 November 2019.

(20) Where a child is adopted and the day of placement in respect of the child falls on or after 1 November 2019 and before the coming into operation of this section, the reference insubsections (1)and(10)(b)(i)(II)to not later than 52 weeks after the day of placement shall be construed as a reference to not later than 52 weeks after the date on which this section comes into operation.

(21) Where the date of birth in respect of a child falls on or after 1 November 2019 and before the coming into operation of this section, the reference insubsections (1)and(10)(b)(ii)(II)to not later than 52 weeks after the birth of the child shall be construed as a reference to not later than 52 weeks after the date on which this section comes into operation.]

61H. F461[Conditions for receipt

61H.(1) The contribution conditions for parent’s benefit are—

(a) in the case of an employed contributor—

(i) (I) that the claimant has qualifying contributions in respect of not less than 39 contribution weeks in the period beginning with their entry into insurance and ending immediately before the relevant day, and

(ii) that the claimant has qualifying contributions in respect of not less than 39 contribution weeks in the 12 months immediately before the relevant day, or having been in insurable self-employment, satisfies the contribution conditions inparagraph (b),

and

(b) in the case of a person in insurable self-employment—

(ii) where the claimant was previously an employed contributor, that they satisfy the contribution conditions inparagraph (a)(i)or that they have employment contributions in respect of not less than 39 contribution weeks in the 12 months immediately before the relevant day.

(2) A person who has qualified for maternity benefit, paternity benefit or adoptive benefit in respect of a child shall, in respect of that child, be deemed to have satisfied the requirements ofsubsection (1).]

61I. F462[Rate of benefit

61I.Subject to this Act, the weekly rate of parent’s benefit shall be an amount equal to the greater of—

(a) the amount of illness benefit, including any increases of that benefit, which the person would otherwise receive if he or she was entitled to that benefit, or

F463[(b)€299]]

61J. F464[ Disqualification

61J.Regulations may provide for disqualifying a relevant parent or a surviving parent from receiving parent’s benefit where, during the period for which the benefit is payable, the relevant parent or surviving parent engages in any form of insurable employment, insurable (occupational injuries) employment, insurable self-employment, any employment referred to inparagraph 1,2,3or6ofPart 2ofSchedule 1or any self-employment referred to inparagraph 1or5ofPart 3ofSchedule 1.]

Chapter 12

62. Entitlement to benefit. [1993 s42(1); 1994 s19(1)(a)]

62.—(1) Subject to this Act, a person shall be entitled to F465[jobseeker’s benefit] in respect of any day of unemployment (in this Part referred to as “a day of unemployment”) which forms part of a period of interruption of employment, where—

F466[(a) on the day for which the benefit is claimed he or she—

(i) is under pensionable age, or

(ii) is a person born on or after 1 January 1958, who has attained pensionable age but has neither attained the age of 70 years nor been awarded a State pension (contributory),]

(b) he or she proves unemployment in the prescribed manner,

F467[(d) other than in the case of a person engaged in casual employment or a person employed as a retained fire fighter, he or she has sustained a substantial loss of employment in any period of 7 consecutive days.]

F468[(1A) Without prejudice to the generality ofsubsection (1)(b), for the purposes of that subsection a person may prove unemployment and may make a declaration for that purpose, by means of an electronic communication, in the prescribed manner.]

[1994 s19(1)(b)]

(2) The circumstances in which a person is to be regarded, for the purposes of subsection (1), as being engaged in casual employment shall be specified in regulations.

[1993 s42(2)]

(3) The circumstances in which a person is to be regarded, for the purposes of this Chapter, as having sustained a substantial loss of employment shall be specified in regulations, and different circumstances may be specified for different provisions of this Chapter.

[1993 s42(3)]

F469[(4) A person shall not be entitled toF465[jobseekers benefit]for the first 3 days of any period of interruption of employment.]

[1993 s42(4); 2003 s8]

(5) For the purposes of any provision of this Act relating to F465[jobseeker’s benefit]—

F470[(a) a day shall not be treated in relation to an insured person as a day of unemployment unless on that day—

(i) he or she is capable of work,

(ii) he or she is, or by reason of his or her participation in an activity prescribed for the purposes of this subsection and subject to the conditions that may be prescribed, is deemed to be, or is exempted from being required to be,F471[available for employment, and]

(iii) he or she is genuinely seeking, but is unable to obtain, employment suitable for him or her having regard to his or her age, physique, education, normal occupation, place of residence andF472[family circumstances,]

(iv)F473[…]]

(b) “day of interruption of employment” means a day which is a day of unemployment or of incapacity for work,

(c) any F474[4 days] of interruption of employment, whether consecutive or not, within a period of F475[7 consecutive days] shall be treated as a period of interruption of employment and any 2 such periods not separated by a period of more than 26 weeks shall be treated as one period of interruption of employment,

(d) F476[…]

[1994 s19; 1997 s30(1)(a)]

(6) Notwithstanding subsection (5)(c), where in respect of any day of unemployment (referred to in this subsection as “the relevant day of unemployment”) which forms part of a period of interruption of employment a person has not, before the relevant day of unemployment, been entitled, in that period of interruption of employment, to F465[jobseeker’s benefit] in respect of a day of unemployment within the 2 years before the relevant day of unemployment, that day shall be treated as the first day of unemployment in a separate period of interruption of employment subject to subsection (4) not applying in relation to that separate period of interruption of employment.

[1997 s30(1)(a)]

(7) For the purposes of this Chapter and Chapter 2 of Part 3, the Minister shall make regulations specifying the circumstances in which a person is or is not to be regarded as being available for or genuinely seeking employment and these circumstances may vary in relation to—

(a) the person's previous work experience,

(b) the period for which he or she has been unemployed, and

[1993 s42(5); 2005 (SW&P) s12(a)]

F477[(8) Notwithstanding anything contained insubsection (5), any period—

(a) not exceeding 1 year in duration, of—

(i) employment under aF478[scheme provided by the Minister and known as Community Employment],

(ii) employment under aF479[scheme provided by the Minister]and known as the Rural Social Scheme,

(iii)F480[…]

(iv)F481[…]

F482[(v) attendance at an approved course of training,]

(vi) participation in a scheme administered by the Commission of the European Union and known as the European Voluntary Service Initiative, or

(vii) participation in a scheme administered by the Minister and known as the Part-Time Job Incentive Scheme,

(b) not exceeding 2 years in duration, of participation in a scheme administered by the Minister for Education and Science and known as the Vocational Training Opportunities Scheme,

shall be disregarded in treating, undersubsection (5)(c), any 2 periods of interruption of employment not separated by more than 26 weeks as one period of interruption of employment.]

[1993 s42(6)]

(9) Regulations may make provision (subject to subsection (5)) as to the days which are or are not to be treated for the purposes of F465[jobseeker’s benefit] as days of unemployment or of incapacity for work.

F483[(9A) In the case of a person to whomsubsection (11)does not apply, the number of days of unemployment in respect of which that person shall be entitled to jobseeker’s benefit in any payment week shall be limited so that the total of—

(a) the number of days in that payment week in respect of which jobseeker’s benefit is paid, and

(b) the number of days in that payment week which are not days which form part of a period of interruption of employment,

shall not exceed 6.

(9B) In the case of a person to whomsubsection (9A)applies, the amount payable by way of jobseeker’s benefit for any day of unemployment in a payment week shall be determined in accordance withsubsections (10)and(10A).]

[1993 s42(7); 2001 s37 & Sch F]

F484[(10)F485[Subject tosubsections (10B)and (11),]the amount payable by way of jobseeker’s benefit for any day of unemployment shall be—

(a) 16.67 per cent of the appropriate weekly rate where a person is entitled to jobseeker’s benefit for 6 days of unemployment in any payment week,

(b) 16 per cent of the appropriate weekly rate where a person is entitled to jobseeker’s benefit for 5 days of unemployment only in any payment week,

(c) 15 per cent of the appropriate weekly rate where a person is entitled to jobseeker’s benefit for 4 days of unemployment only in any payment week,

(d) 13.33 per cent of the appropriate weekly rate where a person is entitled to jobseeker’s benefit for 3 days of unemployment only in any payment week, and

(e) 10 per cent of the appropriate weekly rate where a person is entitled to jobseeker’s benefit for 2 days of unemployment only in any payment week.]

F486[(10A) Notwithstandingsubsection (1), where a person, other than a person to whomsubsection (11)applies, would, but for this subsection, be entitled to jobseeker’s benefit for one day of unemployment only in any payment week, that person shall not be entitled to jobseeker’s benefit in respect of that day of unemployment.

(10B) The total amount of jobseeker’s benefit payable at any time by virtue ofsubsection (10)shall be rounded up to the nearest 10 cent where it is a multiple of 5 cent but not also a multiple of 10 cent and shall be rounded to the nearest 10 cent where it is not a multiple of 5 cent or 10 cent.

(10C)F487[In this Chapter]‘payment week’means the period commencing on the Thursday of one week and ending on the Wednesday of the following week.]

[1993 s42(8); 2001 s37 & Sch F]

(11) Notwithstanding subsection (1), the number of days of unemployment in respect of which a person engaged in short-time employment shall be entitled to F465[jobseeker’s benefit] F488[in any payment week] shall be limited so that the total of the number of days in respect of which that benefit is paid and the number of days worked shall not exceed 5, and in that case the amount payable by way of that benefit for any day of unemployment in that week shall, notwithstanding subsection (10), be one-fifth of the appropriate weekly rate, subject to the total amount being paid at any time by virtue of this subsection being rounded up to the nearest 10 cent where it is a multiple of 5 cent but not also a multiple of 10 cent and being rounded to the nearest 10 cent where it is not a multiple of 5 cent or 10 cent.

F489[(12) The Minister may, subject tosubsection (15)(b), prescribe a date or dates after which—

(a) an application for jobseeker’s benefit shall not be made by a class or classes of person to whom regulations undersection 68KC(1)(a)or68KC(2)apply, and

(b) jobseeker’s benefit payments shall cease to be made to a class or classes of person to whom regulations undersection 68KC(1)(a)or68KC(2)apply,

and, in each case, such date or dates shall not be before the relevant date (within the meaning ofChapter 12AA) that applies to such a class.

(13) Notwithstanding anything in this Chapter, an application for jobseeker’s benefit shall not be made by a class of person to whom regulations undersubsection (12)(a)apply after the date prescribed in relation to that person.

(14) Notwithstanding anything in this Chapter, a jobseeker’s benefit payment shall not be made to a class of person to whom regulations undersubsection (12)(b)apply after the date prescribed in relation to that person.

(15) When making regulations undersubsection (12), the Minister—

(a) may specify different dates in respect of different classes of person, different classes of employment, and different types of application, and

(b) shall have regard to—

(i) the age of the classes of person to whom the regulations relate,

(ii) the type, nature, duration or pattern of the employment or previous employment of the classes of person to whom the regulations relate,

(iii) the nature or identity of the employer or employers of the classes of person to whom the regulations relate,

(iv) typical employment patterns in the economic sector in which the classes of person to whom the regulations relate are employed, are normally employed or were previously employed,

(v) the extent to which the classes of person to whom the regulations relate have lost, or are expected to lose, earnings or income,

(vi) the extent to which the classes of person to whom the regulations relate are receiving, or have received, benefits under this Act,

(vii) the extent to which the classes of person to whom the regulations relate have retained, or are expected to retain, levels of employment, and

(viii) the reason for which, and circumstances in which, the persons or classes of person to whom the regulations relate have lost employment.]

62A. F490[Refusal or failure to attend activation meetings relating to jobseeker’s benefit

62A.(1) Notice may be given by or on behalf of the Minister to any person receiving jobseeker’s benefit requesting the person, at the time specified in the notice, to comply with the requirement specified inparagraph (a)or(b)ofsubsection (3).

(2) Where a person refuses or fails, without good cause, to comply with the requirement specified in the notice undersubsection (1)at the time specified in that notice, or at any time thereafter as may be determined by or on behalf of the Minister and notified to the person, the weekly rate of jobseeker’s benefit payable to that person in respect of any such period of refusal or failure shall, subject to this section, be as set out insection 65(2)or, as the case may be,paragraph (a),(b)or(c)ofsection 65A(2).

(3) A notice under this section may require the person to whom it is given to do one of the following, at the time specified in the notice, or at any time thereafter as may be determined by or on behalf of the Minister and notified to the person—

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