The guidelines for staff entitled Claims and Late Claims detail how the provisions for late claims should be applied. These are published on the Internet on my Department's website at www.welfare.ie. I am arranging for a copy of these guidelines to be sent to the Deputy.
The legislative provisions relating to late claims for social welfare benefits are set out in section 205 of the Social Welfare (Consolidation) Act, 1993 as amended, and in regulations made under that section. These provisions set out the times within which a person must claim, the disqualifications which apply where a claim is made late, and the circumstances in which the time limits may be extended.
In addition to the statutory provisions, there are extra-statutory provisions to extend the time limits in the case of a number of schemes in certain exceptional circumstances. Regulations made by me in 1998 – S.I. No 55 of 1998 – replaced these extra-statutory provisions in respect of a number of contributory pension schemes. Regulations to be made by me shortly will put the remaining extra-statutory provisions on a statutory basis.
Payment may be made for up to 12 months on foot of late claims for old age (contributory) pension, retirement pension and widows and widowers (contributory) pension. Where a claim under these schemes is more than 12 months late, the period of payment is extended on a proportional basis. Payment may also be made on foot of late claims in the case of a range of other schemes for a period of six months prior to the date of claim provided there was good cause for the late claim.
These restrictions on backdating late claims are relaxed and further payment may be made, up to the level of full retrospection where the circumstances would warrant it, where the delay was due to incorrect information having been given by my Department; or illness or a force majeure prevented a person from claiming earlier; or the person is dependent on the arrears of payment to relieve financial hardship.
There are arrangements in place in my Department for ensuring that the above provisions are applied in appropriate cases. Different arrangements operate for different schemes. In the case of contributory old age, retirement or widow(er)'s pensions, late claimants whose claims are not backdated in full are advised automatically of the circumstances in which they may qualify for further backdating. In other cases, the entitlement to arrears under the "good cause" provisions is examined in the light of the information furnished with the claim on the reasons for claiming late. Where this suggests that the extra-statutory provisions are applicable, the persons eligibility under these provisions is examined and enquiries are made as necessary.