Vol. 514 No. 5
177 Mr. R. Bruton asked the Minister for Social, Community and Family Affairs if his Department has clear guidelines on the circumstances in which arrears in respect of late applications are paid; and if persons who make late applications are automatically informed of their entitlement to be considered under these rules. [4748/00]
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.
178 Mr. M. Higgins asked the Minister for Social, Community and Family Affairs if his attention has been drawn to the fact that a person (details supplied) in County Sligo applied for a one parent family payment on 10 October 1999 and that a period of three months elapsed before she was interviewed by a representative of his Department; if his attention has further been drawn to the fact that her case was not processed or her file forwarded to the one parent family section in the pension services offices in Sligo until the end of January 2000; when she will receive her payment and arrears; and if he will make a statement on the matter. [4796/00]
The person concerned applied for one parent family payment on 12 October 1999. Following registration, her claim was referred to the local inspector for investigation. He called to her address on three separate occasions but was unable to gain access. He succeeded in meeting her at the fourth attempt on 13 January 2000.
On receipt of the report from the inspector, the person concerned was warded a one-parent family payment on 1 February 2000, effective from 7 October 1999, which was the first payment date after the date of birth of her child. She will receive payment at the rate of £88.70 per week, comprising the maximum personal rate of £73.50 and a dependent child allowance of £15.20 in respect of one qualified child.
A book of payable orders has been issued to the post office nominated by her, covering payment from 24 February 2000. Arrangements are being made to issue a cheque to her for arrears due from 7 October 1999 to 23 February 2000, net of payments of supplementary welfare allowance already received by her during this period.
