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Dáil Éireann debate -
Tuesday, 16 Dec 1997

Vol. 485 No. 2

Written Answers. - Old Age Pensions.

Jim Mitchell

Question:

282 Mr. J. Mitchell asked the Minister for Social, Community and Family Affairs if he is in a position to confirm that applicants who were eligible for contributory old age pension but who, for different reasons, overlooked applying for same within six months of their 66 birthday, will be granted full retrospection to their 66 birthday in view of the Ombudsman's report; if he will table regulations in this regard; and, if so, when these regulations will be tabled. [23003/97]

To qualify for payment under the various benefit, pension and allowance schemes administered by my Department, applicants must satisfy a number of statutory conditions which include the need to claim in time. In the case of old age contributory pension, a claim must be made in the period commencing three months before and ending three months after the person's 66th birthday. Where a claim is not made within this period, the person is disqualified for receipt of payment in respect of any period more than 12 months before the date on which the claim is made. Prior to 1 January 1997, the disqualification applied in respect of any period more than six months before the date of claim. Section 32 of the Social Welfare Act, 1997, provided for 12 months back-dating in respect of claims made after that date. This section also provides power to make regulations which will extend the periods for which claims to which the section applies may be back-dated in certain circumstances. The drafting of these regulations is at an advanced stage and will be completed shortly. The regulations will be laid before or each House of the Oireachtas as soon as may be after they are made in accordance with the relevant legislation.

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