Self Employed Maternity Benefit Denied

[Daithip]

Hi, new to the forum, just wondering if anyone can throw some light onto my situation. My wife was self employed up until the end of August and pregnant and had planned to go on maternity leave from the middle of September, baby was due at the end of October. Unfortunately, she injured herself at the beginning of August and was off work, then due to our financial circumstances had to cese trading at the end of August before maternity benefit could start. She has since been refused maternity benefit, even though she meets the criteria in relation to PRSI contributions, because she ceased trading at the time when she did. I was just wondering, even though she was certified sick and would have been unable to work, would this have any bearing on it if we were to appeal the decision. Thanks in advance for any info.

 

[Ildánach]

I'm not sure how it works for self-employed people, but if you're employed and are on Illness Benefit, and then go directly (without even one day's break) to your Maternity leave, you are eligible for Maternity Benefit, provided that the job is still open to you upon your return.

You have to be have been in insurable employment, or insurable self-employment, at the relevant time (16 weeks prior to the due date) to be eligible. A sick employee on Illness Benefit is still considered to be in insurable employment. If she hadn't ceased trading, it could be argued that she was still in insurable self-employment while she was sick, but as she ceased trading, there was no insurance liability and therefore no insurable self-employment.