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Annual Report of the Ombudsman 2004

Chapter 4 - Maternity Benefit

Maternity Benefit

One particular complaint that I dealt with during the year highlighted a lacuna in the legislation under which maternity benefit is paid. This benefit is payable for eighteen weeks following birth. The complainant’s child was born thirteen weeks premature. Due to complications from the birth, the child remained in hospital for 6 months. The complainant felt that she had “fallen through cracks in the social welfare system” in that there was no social welfare support for her since her claim for maternity benefit ended 18 weeks after the birth of her child.

In examining this complaint, I had to have regard to the legislation which governs the administration of the scheme, and decide whether or not the administrative actions of the Department of Social and Family Affairs, taken in deciding the issue, constituted maladministration. The decision was taken within the legal framework, which does not provide for any exercise of discretion. Consequently, I could not find any evidence of maladministration on the part of the Department, nor did I have a basis on which I could ask for a review of the decision to disallow the maternity benefit claim after payment of same for 18 weeks. On a personal note I had enormous sympathy for the complainant, and no doubt she is not the only parent in this situation where no specific provision has been made to alleviate the particular difficulties caused by a premature birth. Of course any change in these conditions would be a matter for the Oireachtas by way of amending legislation.

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