# Wife denied Maternity Benefit



## HappyBudda (12 Feb 2013)

My wife, due in april, has been denied Maternity Benfit because she did not make enough money whilst self employed a couple of years back.  She since packed in that business and has been working full time since.  Thay say she did not make a voluntary contribution???
She did send approx €270 to revenue to pay for a stamp but was refunded that almost immediately.  And has been told it was classed as an over payment.
I dont think it is fair that this woman who has worked all her life should be denied this when those that don't work get it automatically.
What can we do, any suggestions?
Is it pointless trying to argue?


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## SarahMc (12 Feb 2013)

She isnt being denied because she didnt make enough money, but rather that she didnt make a voluntary contribution (towards not just maternity, but pension too)

I don't understand, when the €270 was sent back, was there no letter to explain it was an overpayment?


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## HappyBudda (13 Feb 2013)

No, just a check in the post for the exact amount.  It baffles really.  She did hold on to it for as long as she could in case it was a mistake, but a couple of unfortuanate events with the car meant it had to be cashed.


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## Mynydd (13 Feb 2013)

HappyBudda said:


> I dont think it is fair that this woman who has worked all her life should be denied this when those that don't work get it automatically.




I don't know if it is a consolation for you, but unemployed women are not entitled to it either


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## elcato (13 Feb 2013)

> I dont think it is fair that this woman who has worked all her life  should be denied this when those that don't work get it automatically.


All her life ? Eh, is she 65 and pregnant ? AFAIK Self employed did pay a different rate of PRSI (probably lower) which did not give them the benifits of PAYE workers. I don't believe it was fair but them's are the ways the system works.


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## Ann1 (13 Feb 2013)

You say your wife has been working full time since she packed in her business..does she have at least 39 PRSI contributions paid in the 12 months before the first day of her maternity leave. If she does she should qualify for maternity leave. The attached link gives details of the rules for maternity benefit.
Also if your wife made a tax return and listed the €270 as a PRSI payment while self employed there would be a record of the return with revenue...Surely if it was an error on the part of the revenue when allocating the payment you must have some rights to appeal the decision.

http://www.welfare.ie/en/Pages/mb.aspx


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## HappyBudda (13 Feb 2013)

Hi Ann
where on Ros website is that, is there a tickbox stating that the 253 euro is for Prsi.

thanks for input


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## Ann1 (13 Feb 2013)

Hi HappyBudda
I have no expertise in PRSI or tax affairs so I would suggest that you post over in Taxation as you will get better results. I think the problem may be that your wife did not make enough money in the business to be eligible to pay Class S contributions and that is why the payment was returned to her. 

The minimum PRSI contribution for 2011 is €253.
Class S PRSI is not payable on income taxed under Self-Assessment by a person:
♦ Whose total income from  all sources, before deduction of capital allowances and pension 
contributions is less than €5,000,

http://www.revenue.ie/en/tax/it/leaflets/guide-pay-file.pdf


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## SarahMc (13 Feb 2013)

Ann1 said:


> The minimum PRSI contribution for 2011 is €253.
> Class S PRSI is not payable on income taxed under Self-Assessment by a person:
> ♦ Whose total income from  all sources, before deduction of capital allowances and pension
> contributions is less than €5,000,
> ...



Whilst people who earn <5k are exempt from the minimum PRSI exemption, they can, and absolutely should make a voluntary contribution. 

It seems mean spirited to lose MB over an overpayment of €17, but to be frank, your partner should have investigated further why the cheque was sent back.

Im not sure if there is anything you can do im afraid.


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## HappyBudda (14 Feb 2013)

Thank you all, she is in talks with a helpful lady from the revenue to try to resolve this


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