The client and her family live in Northern Ireland, she works in ROI and her spouse works in the NI.  Due to her Irish employment they receive a Family Benefit Supplement (top-up) payment from the South for their first child.

The client took maternity leave to have her second child and was paid Maternity Benefit from ROI. Immediately after the end of the 26 weeks paid Maternity Benefit, she elected to take 16 weeks unpaid maternity leave, as was her entitlement.

Shortly before returning to work, the client received correspondence from the Department of Social Protection, Child Benefit EU Section informing her that “as she no longer worked in ROI and was not paying PRSI “she did not have an entitlement to Family Benefit Supplement top-up payment and therefore this payment was being stopped. She was also notified that an overpayment had occurred which DSP would now seek to recover.

Notably, the client was still under contract and employed in ROI and would be returning to work at the end of her 16 weeks of unpaid maternity leave entitlement.

This decision was challenged on the basis that, as per DSP Operational Guidelines, the client was entitled to “credited social insurance contributions for each week of unpaid leave taken (up to the maximum of 16)”.

The challenge was upheld and the Family Supplement top-up payment was reinstated from the start of the client’s unpaid maternity leave.

See also:

• Border People – Child Benefit in Ireland
• Border People – Child Benefit in Northern Ireland
• Border People – All Case Studies and FAQs

Page last checked: November 2022

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