ESIC proposes amendments for providing benefits to commissioning mothers

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The Employees State Insurance Corporation on 13th February 2020, has issued a Draft Employees’ State Insurance (General) Amendment Regulations, 2020 which provides benefits to commissioning mothers.

The following alterations has been brought through this amendment:

  • Regulation 87A deals with notice of commissioning mother: An Insured Woman who wishes to have a child and get embryo implanted in any other women shall give such notice in Form 17 together with Agreement of embryo implantation executed between commissioning mother with the other woman.
  • Under Regulation 88-A: Insured Women claiming maternity benefit shall submit the declaration of her surviving child or children. In case Insured woman giving birth to more than one child such claim shall be treated a single claim.
  • Claim for Maternity Benefit by Commissioning Mother Under regulation 89C – Every women who as biological mother wishes to have a child and prefers to get embryo implanted in any other woman, claiming maternity benefit shall submit to the appropriate office a claim for maternity benefit in Form 19 (Amended) together with copy of agreement on non-judicial stamp paper, copy of certificate issued by Assisted Reproductive Technology Clinic and copy of birth certificate issued by the authority. 
  • Claim for Maternity Benefit by Adoptive Mother – Every Insured woman, who legally Adopts a child of upto 3 months of age, claiming maternity benefit shall submit to the appropriate office by post or otherwise a claim for maternity benefit in (Form 19 Amended) together with copy of the court order/Certificate from Registrar and birth certificate incorporating the name of adoptive parents or single Insured woman. In case of annulment of adoption approved by the court Insured Woman will refund maternity benefit received by her.

The draft regulations will be taken into consideration after expiry of a period of Thirty days from the date on which the Official Gazette in which this notification is published, Objections and suggestions, if any, may be addressed to Shri A. K. Sinha, Insurance Commissioner, Employees’ State Insurance Corporation, Panchdeep Bhawan, C.I.G. Marg, New Delhi-110002 or through e-mail to e-mail ID ”dir-pnd@esic.nic.in”

Click here to read the Notification.

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