(1) The court may make an order (in this section referred to as a ‘lump sum order’) where it appears to the court on application by a civil partner in relation to a dependent child of the civil partners that the other civil partner has failed to make such contribution as is proper in the circumstances towards the expenses incidental to either or both -

(a) the birth of a child who is a dependent child or who would have been a dependent child were he or she alive at the time of the application for a lump sum order,

(b) the funeral of a child who was a dependent child or who would have been a dependent child had he or she been born alive,

and any lump sum order shall direct the respondent civil partner to pay to the applicant a lump sum not exceeding €4,000, but no such order shall direct the payment of an amount exceeding €2,000 in respect of the birth of a child to whom this section relates or €2,000 in respect of the funeral of such a child.

(2) Subsection (3) of section 45 shall apply for the purpose of determining the amount of any lump sum under this section as it applies for the purpose of determining the amount of any payment under that section.

(3)

(a) Nothing in this section, apart from this subsection, shall prejudice any right of a person otherwise to recover moneys expended in relation to the birth or funeral of a child.