Social Welfare Consolidation Act 2005 section 61B

Entitlement to and duration of benefit

Section 61B sets out who qualifies for paternity benefit, how long it lasts, and the rules around payment timing and special circumstances.

• Employed contributors need employer certification of paternity leave entitlement; self-employed persons need certification of placement, eligibility or confinement from a medical practitioner or satisfactory to the Minister.
• Paternity benefit enables the relevant parent to care for the child or support the mother; only one benefit is payable per child (including multiple births or simultaneous adoptions).
• Benefit is payable for two consecutive weeks, which must fall within 28 weeks of the birth or placement date.
• Payment may be postponed where confinement occurs later than expected or the child is hospitalised; if the qualifying parent dies, the surviving parent may claim the benefit.