My husband has social security, and my wife has children. Can I get maternity allowance?

Yes, you can. If a male employee is in a normal insured state and has paid maternity insurance premium 12 months, and his wife is unemployed and registered as unemployed, the maternity medical expenses incurred can be applied for reimbursement according to regulations and enjoy maternity insurance benefits. Women can't apply for maternity allowance with their husbands' social security, because maternity allowance can only be enjoyed by female employees who participate in social security. Maternity allowance is the living expenses provided by the state for professional women who leave their jobs due to childbirth. Therefore, although male workers can enjoy maternity insurance benefits, they cannot apply for maternity allowance. However, if a woman pays her own employee social security and the payment meets local requirements, she can apply for maternity allowance regardless of whether the female employee leaves her job or not. After all, the maternity allowance is not issued by the unit, but by the local social security bureau. Of course, women who pay social security for residents or participate in insurance in the form of flexible employees cannot apply for maternity allowance.

If the wife does not have a work unit, she can reimburse the medical expenses during childbirth. But at the same time, the following conditions are required:

1, unemployed pregnant mothers must hold a valid unemployment registration certificate;

2. Pregnant mothers who have no employment have not purchased basic medical insurance for urban and rural residents (including basic medical insurance for urban residents or new rural cooperative medical care) where their household registration is located.

Legal basis:

Article 54 of the Social Insurance Law of People's Republic of China (PRC) * * * If the employer has paid maternity insurance premiums, its employees shall enjoy maternity insurance benefits; Unemployed spouses of employees enjoy maternity medical expenses in accordance with state regulations. The required funds are paid from the maternity insurance fund. Maternity insurance benefits include maternity medical expenses and maternity allowance.

"Special Provisions on Labor Protection for Female Workers" Article 8 The maternity allowance for female workers during maternity leave shall be paid by the maternity insurance fund according to the standard of the average monthly salary of employees in the previous year; Those who have not participated in maternity insurance shall be paid by the employer according to the wage standard of female employees before maternity leave. Medical expenses incurred by female workers in childbirth or abortion shall be paid by maternity insurance fund according to the items and standards stipulated in maternity insurance. Did not participate in maternity insurance, paid by the employer.

People's Republic of China (PRC) social insurance law

Article 4 Employers and individuals who pay social insurance premiums according to law in People's Republic of China (PRC) have the right to inquire about payment records and personal rights and interests records, and ask social insurance agencies to provide social insurance consultation and other related services.

Individuals enjoy social insurance benefits according to law and have the right to supervise the payment of their own units.

Tenth employees should participate in the basic old-age insurance, and employers and employees should pay the basic old-age insurance premium.

Individual industrial and commercial households without employees, part-time employees who have not participated in the basic old-age insurance in the employer and other flexible employees can participate in the basic old-age insurance, and individuals pay the basic old-age insurance premium.

The measures for the endowment insurance of civil servants and staff managed by reference to the Civil Service Law shall be formulated by the State Council.