Social Welfare Consolidation Act 2005 section 47

Entitlement to and duration of benefit

Section 47 sets out who can claim maternity benefit, the conditions for entitlement, and the periods for which benefit is payable.

  • A woman qualifies for maternity benefit when she has medical certification of expected or actual confinement, employer certification of maternity leave entitlement (if employed), and meets the required contribution conditions.
  • Employed contributors receive benefit for their statutory maternity leave period, whilst self-employed women receive 26 weeks of benefit, with extensions available for premature or late births.
  • If a mother dies after childbirth but before her maternity benefit period ends, the father can claim the remaining benefit in her place.
  • The daily benefit rate is one-sixth of the weekly rate (Sundays are excluded), and benefit continues even if the woman's employment ends during the payment period.

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