Maternity benefit not being paid

keano_afc

Hi,

My wife is due in 3 weeks, and we applied for maternity benefit about a month ago. The department have got back in touch with us now to say that she hasnt worked the minimum 39 weeks in a calendar year (she's an agency nurse and has worked 30 weeks in 09 and 10 due to lack of shifts and cutbacks) so is not entitled. I have a few questions if anyone can help; are they right in this response? How can she be entitled to absolutely nothing through no fault of her own? Is there anything we can do to get some sort of benefit? It seems incredulous and she will be left high and dry for the next few months.

If anyone has any advice it would be greatly appreciated.

testicle

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 2010, the relevant tax year is 2008 and the year following that is 2009.
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 2010, the relevant tax year is 2008 and the year before that is 2007.

keano_afc

testicle wrote: »

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 2010, the relevant tax year is 2008 and the year following that is 2009.
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 2010, the relevant tax year is 2008 and the year before that is 2007.

OK, well she's only working in Dublin the last 2 and a half years because she did her nursing studies in Belfast. She hasnt accumulated 39 weeks in either of the 2 tax years. So basically she gets nothing?

Balagan

from http://www.citizensinformation.ie/en/social_welfare/social_welfare_payments/social_welfare_payments_to_families_and_children/maternity_benefit.html

Insurance from employment in another country

If you were previously insurably employed in a country covered by EU Regulations or in a country with which Ireland has a Bilateral Social Security Agreement 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. In this case, you should send your application for Maternity Benefit 12 weeks before your baby is due.

More information is available in our document about combining your social insurance contributions from abroad.http://www.citizensinformation.ie/en/social_welfare/irish_social_welfare_system/claiming_a_social_welfare_payment/social_insurance_contributions_from_abroad.html

keano_afc

Balagan wrote: »

from http://www.citizensinformation.ie/en/social_welfare/social_welfare_payments/social_welfare_payments_to_families_and_children/maternity_benefit.html

Insurance from employment in another country

If you were previously insurably employed in a country covered by EU Regulations or in a country with which Ireland has a Bilateral Social Security Agreement 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. In this case, you should send your application for Maternity Benefit 12 weeks before your baby is due.

More information is available in our document about combining your social insurance contributions from abroad.http://www.citizensinformation.ie/en/social_welfare/irish_social_welfare_system/claiming_a_social_welfare_payment/social_insurance_contributions_from_abroad.html

Thanks. She only worked there for 3 months in 2008 though, and not regularly. Dont think it'll make a difference. Dest bet for us is to divorce so she can claim single mothers.

cynder

If not entitled to maternity benefit could she claim disability allowance?

http://www.citizensinformation.ie/en/social_welfare/social_welfare_payments/disability_and_illness/disability_benefit.html


Ask your local Citizens advice.

wmpdd3

No, she is not ill or disabled.

She can appeal this discision, she may have student credits if she has been in full time education.

She could be entitled to a means tested payment from the social welfare, while not working.

Def worth a trip to the citizens information with as much p60 and pay slips as possible as they may be able to see a way around this. I know someone who was self-employed then worked for less than 1 year and was able to appeal and get maternity benefit, but baby was over 1 month old before a payment was made.

tomcollins97

These are the types of thing you should check before deciding to have a baby...

That said, could she go back to work sooner rather than later so not left 'high and dry'?

cynder

wmpdd3 wrote: »

No, she is not ill or disabled.

.

Well as far as i know they can claim illness benefit, how on earth is she supposed to work while she is in labour, or if she needs/has a c -section?


Women can even be mentally unfit to start work after having a baby as well as physically. Someone who has just given birth is not medically fit to start work. They can at least get a month off and maybe more.

Xiney

tomcollins97 wrote: »

These are the types of thing you should check before deciding to have a baby...

That said, could she go back to work sooner rather than later so not left 'high and dry'?

Sometimes, babies happen. They're married - I'd hate to see what you'd say if they weren't.

tomcollins97

If money is tight you have the option to return to work soon after the child is born - you are only required to take 2 weeks before the baby is due and 4 weeks after the birth.

There is some info on Citizens advise site about this.

Remember- you do have options

tomcollins97

Xiney wrote: »

Sometimes, babies happen. They're married - I'd hate to see what you'd say if they weren't.

I have no issues with unmarried people having children and I object to you assuming I do.

BTW babies don't 'just happen' - maybe you should do some research on this area of reproduction

wmpdd3

grindelwald wrote: »

Well as far as i know they can claim illness benefit, how on earth is she supposed to work while she is in labour, or if she needs/has a c -section?


Women can even be mentally unfit to start work after having a baby as well as physically. Someone who has just given birth is not medically fit to start work. They can at least get a month off and maybe more.

I had a baby a few weeks ago and I think I'm not as you described above!

You are partially right, if someone is in employment and the pregnancy could be at risk if they continued working, they are entitled to health and safety leave.:

If the person is not entitled to a payment due to means then the only option is to return to work early. If there was a complication after birth, then she would be entitled to illness benefit but as that is based on PRSI contributions, she would have to be means tested.

keano_afc

tomcollins97 wrote: »

These are the types of thing you should check before deciding to have a baby...

That said, could she go back to work sooner rather than later so not left 'high and dry'?

Are you serious? Yeah I seem to remember just before we got down to business I should have said "now honey, have you worked 39 weeks this year?"

Thanks for the replies. I think a trip to Citizens Advice is needed. Cant believe she's not entitled to anything at all.

tomcollins97

OP - part of being a parent is being responsible and in my opionion this begins with the decision to have a child. There are plently options available to plan for this. Please don't shoot me down for this - as stated this is just MY opinion.

OP don't get me wrong, I do have sympathy for your situation but in general this county has a sense of 'entitlement'. PRSI - Pay Related Social Insurance - is what is says. If you don't pay in enough you cannot expect the full benefit, a bit like any insurance.

That said, your OH should be entitled to a pro-rata payment which as others have said will be means tested. If when she is not working you are struggling with rent/mortage you can receive a supplement for these from social welfare based on a means test. You will also be entitled to a childrens allowence. With you OH not working ensure that her tax free allowence is transferred to you, assuming you are working, and this will reduce your monthly income tax liability.

TheBeach

Did your partner work anywhere other than Ireland, particulary in 2008? she'd be able to take her stamps with her and use them to meet the eligibility criteria.

kraxzq

I have similar situation:
We put the application for the Maternity Benefit middle October she went on Maternity Benefit last week of November (at least she though she's going) and we had the baby middle December. Perfect scenario!
But in Jan we got letter saying that she has not enough PRSI payements and she's declined.

From what they are saying she had:
2010/36 PRSI, 2009/36 PRSI, 2008/16 and 2006 /9 PRSI's

So now she has nothing!?
- she's missing exactly 3 week's - if we knew she would stay 3 weeks longer
- the record that her employer gave us says she was hired for 39 weeks but only 36 PRSI were payed or credited
- to claim illness benefit she needs again 39 PRSI this year or last 12 month as well with 104 week total (she has 97)
- she could quit her job and go on jobseeker allowance?

Just to give you picture she quit her job in 2009 to move to Waterford from Dublin - and she choose not goot time as was looking for a work from September until March 10'. She finished school in 2008 so haven't been employed any where else beside that 9 weeks summer hols in 2006.

I'm stuck baby is 5 weeks and she's breast feeding I can't see her going to work now (or at least until we give a bottle to the little one).

Any advise? Can she not get at reduced Mat leave or something? Can't believe she left on her own.

This system is wrong - can she not come back 3 weeks early from the mat leave?

wmpdd3

there is a payment, she will not be left with nothing, but im sorry i dont know what it is also it may be means tested. I think it is similar to illness benifit