Social Security Act (Cap. 318), article 71

71. (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 Ben efit 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, pr ovided the claimant is ordinar ily resident in Malta. 80 CAP. 318.] SOCIAL SECURITY Cap. 452. (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, sha ll not be entitled to any Mate rnity Benefit payable under this article. (4) A woman who, at any time on or after the 1st January, 2012 - S.L. 452.91 (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 Mate rnity Leave Benefit. S.L. 452.91 (5) In the case of a person who is in insurable employment, the Maternity Leave Benefit will be p ayable only for the period whe re 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 g ainful activities for the dur ation of her Maternity Benefit and Maternity Leave Benefit. Payment of Maternity Benefit or Maternity Leave Benefit. Amended by: XX. 1987.10; XVI. 1990. 34; VIII. 1992.28. Re-numbered by: XXIV . 1993.2. Amended by: XXV . 1994.16; XXVII. 1995.9; XXI. 1996.29; XXXII. 2007.54; V . 2012.30; XIII. 2015.87.