The Social Welfare (Claims and Payments) Regulations, S.I. No. 189 of 1993, prescribe that a person claiming disability benefit is required to give notice of illness within seven days of becoming incapable of work. In recognition of the fact that this is not always possible, the Regulations allow submission of a claim outside that period where good cause for late notification can be shown. Retrospective payments are normally restricted to a period of three months prior to the date of receipt of the medical evidence, but can be extended to six months in exceptional circumstances.
The vast majority are covered by the six months limit. Any extension of this limit would cause major disruption in that it would make it very difficult for my Department to carry out the checks on proper certification of claims which are a normal and vital feature of the administration of the disability benefits scheme. Under the circumstances I am satisfied that the Regulations are reasonable in their treatment of those who, for one reason or another, cannot make disability benefit claims within the prescribed period.
