Can I receive maternity benefits if my social security is one month short of a year?

Social security is one month short of a year, you can not receive maternity benefits.

Maternity insurance regulations: from before pregnancy, to after giving birth, maternity insurance must be paid to meet more than one year, in order to enjoy maternity insurance benefits.

Maternity insurance can not be replaced, maternity insurance reimbursement conditions for continuous payment of social security for 12 months (interruptions of no more than three months, deemed continuous), and the month before the birth of the month of social security contributions, in order to reimburse the national standard of 100 percent.

Participants enjoying the reimbursement of maternity medical expenses shall simultaneously meet the following conditions:

1. Compliance with the national, provincial and municipal family planning policies (excluding remedial measures taken for pregnancies outside the policy);

2. Participants, on the date of childbirth (based on the date of birth of the expired fetus or newborn baby), have been paying the basic medical insurance premiums for more than 6 months continuously (inclusive of this number), and were still paying the social security premiums the month before the birth of the child. Including this number), and has paid the medical insurance premiums on time in the month before the birth;

3. If the participant has paid the basic medical insurance premiums continuously for less than 6 months, he/she is not entitled to the medical treatment for maternity;

4. If the participant has paid the basic medical insurance premiums continuously for 12 months or more, he/she will be paid at the rate of 100% of the fixed standard.

Legal basis

Article 54 of the Social Insurance Law of the People's Republic of China (《中华人民****和國社會保险法》) If an employer has paid maternity insurance premiums, its employees shall enjoy maternity insurance treatment; the employee's un-employed spouse shall enjoy maternity medical treatment in accordance with the state regulations. The funds required are paid from the Maternity Insurance Fund.

Maternity insurance benefits include maternity medical expenses and maternity allowances. Article 56 Employees shall be entitled to maternity allowance in accordance with the state regulations if they are in one of the following situations:

(1) female workers enjoying maternity leave for giving birth;

(2) enjoying leave for family planning surgery;

(3) other situations stipulated by laws and regulations.

Maternity allowances shall be paid in accordance with the average monthly wages of the employees of the employer where the employee works in the preceding year. Article 55 Maternity medical expenses include the following:

(1) medical expenses for childbirth;

(2) medical expenses for family planning;

(3) expenses for other items prescribed by laws and regulations. Article 2 The State establishes a social insurance system for basic old-age insurance, basic medical insurance, work-related injury insurance, unemployment insurance, maternity insurance and other social insurance, and guarantees the right of citizens to receive material assistance from the State and society in accordance with the law in the event of old age, illness, work-related injury, unemployment and maternity.