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Public Service

9. Are mothers who give birth out of wedlock eligible for the maternity benefits under the labor insurance program? Am I still eligible over a year after delivery? If an employee's wife delivers a child, is he also eligible for this benefit? Does any other social insurance also offer maternity benefits?

Before the implementation of the National Health Insurance Program, when the insured persons under the labor insurance program or their spouses gave birth, they had to pay their own prenatal care and childbirth expenses. Therefore, the labor insurance maternity benefits provided an insured female--based on her average monthly insured salary--with not only one month’s worth of maternity allowance, but also one month’s worth of childbirth allowance. The latter was also available for any insured male with a parturient spouse.

After the National Health Insurance Program was implemented, only insured females are eligible for maternity benefits.

But since the National Health Insurance Program went into effect on March 1, 1995, as all prenatal care and childbirth medical expenses are covered by National Health Insurance Program, the Labor Insurance Program has cancelled the childbirth allowances. In other words, if an insured female gives birth, she can only receive two months’ worth of maternity allowances (those who delivered normal or premature babies before and not on May 30, 2014 could only receive one month's worth of maternity allowances.) And as childbirth allowance has been cancelled, the insured males with parturient spouses cannot claim any maternity benefits.

Are mothers who give birth out of wedlock eligible for the labor insurance maternity benefits?

Maternity benefits are maternity allowances intended for the insured females; therefore, even those who give birth out of wedlock can still claim the labor insurance maternity benefits. Any insured female can file a claim with BLI by simply supplying an original copy of the birth certificate. (Those who have already completed the birth registration need not supply a birth certificate).

One can claim the benefits anytime within 5 years after the childbirth.

According to the amendments made to the Labor Insurance Act on December 21, 2012, the right to claim maternity benefits shall be extinguished if the claim is not filed within five years after the occurrence of the insured risk, which means “childbirth” in this case. Therefore, any insured female who gives birth after December 21, 2010 can claim the benefits within five years after the childbirth.
Besides the Labor Insurance Program, the Farmers’ Health Insurance and the National Pension Programs also provide the maternity benefits. The Farmers’ Health Insurance Program provides 2 months’ worth of maternity benefits whether it is an insured female who gives birth or an insured male who has a parturient spouse. As of July 1, 2011, the National Pension Program has also been providing a one-month maternity benefit when an insured female gives birth. Those who are eligible for all of these three insurance benefits at the same time, however, can only choose to claim one of them.
 

Last Update:2019-10-17
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