Dáil Éireann debate -
Tuesday, 24 Mar 1998

Vol. 488 No. 7

Written Answers. - Pension Provisions.

Michael Ring

Question:

318 Mr. Ring asked the Minister for Social, Community and Family Affairs if his Department will re-examine a claim for back payment of a widow's contributory pension for a person (details supplied) in County Mayo in view of the fact that his Department's reply is vague and unsatisfactory. [7344/98]

Minister for Social, Community and Family Affairs (Mr. D. Ahern)

According to the records of the Department, the person concerned, whose husband died in August 1977, first applied for a widow's contributory pension in August 1989. She was awarded payment from 3 March 1989, giving her the maximum six month period of backdating permitted under the legislation then in force.

The Social Welfare Acts were amended in 1997 to provide backdating of payment for up to one year in respect of late claims made on or after 1 January 1997. Regulations made recently under the 1997 Act also apply only to late claims made on or after that date. Accordingly, the statutory six month back-dating position remains the same for the person concerned, as she applied for pension well before the operative date of the new arrangements.

Payment outside of the statutory limits cannot be made except in very specific and exceptional circumstances, such as exceptional hardship, departmental error or where the person was so incapacitated that they were unable to make a claim within the maximum claim period.

The person concerned has stated she made a pension application to her local social welfare office in 1977 but that her application was refused on the grounds she was self-employed. There is no record in my Department of an application having been received from her prior to 1989. In reply to recent representations made by the Deputy on her behalf, the person concerned has been asked to supply any evidence or additional supporting information she may have to support her case. On receipt of any such information the Department will re-examine her back-dating claim.