Cap. 318 ст. 71Maternity Benefit orMaternityLeave Benefit. Re-numbered by: XXIV. 1993.2.

(1) A woman who, at any time on or after the 1st day of

January, 1981 is pregnant with child and has entered the eighth month of pregnancy or a person adopting a child after the 1st January,

2015, shall be entitled to Maternity Benefit under and in accordance with the provisions of this article.

(2) A claim for Maternity Benefit shall not be accepted by the Director unless it is made by a citizen of Malta or by a person married to a citizen of Malta, provided the claimant is ordinarily resident in Malta.

(3) Notwithstanding the provisions of sub-article (1), a woman who is entitled to Maternity Leave in accordance with the provisions of the Employment and Industrial Relations Act, and avails herself of such leave, shall not be entitled to any Maternity Benefit payable under this article.

(4) A woman who, at any time on or after the 1st January, 2012 -

(a) is in insurable employment and has a right to maternity leave without pay in accordance with the provisions of the Protection of Maternity (Employment) Regulations; or

(b) is self-occupied and has exhausted her maternity benefit entitlement, shall qualify for Maternity Leave Benefit.

(5) In the case of a person who is in insurable employment, the Maternity Leave Benefit will be payable only for the period where the leave entitlement is without pay according to the Protection of Maternity (Employment) Regulations.

(6) A self-occupied person shall not qualify for the Maternity Leave Benefit unless such person proves to the satisfaction of the Director that she has ceased all gainful activities for the duration of her Maternity Benefit and Maternity Leave Benefit.