Dáil Éireann debate -
Wednesday, 13 Dec 2000

Vol. 528 No. 2

Written Answers. - Social Welfare Claims.

Frances Fitzgerald

Question:

64 Ms Fitzgerald asked the Minister for Social, Community and Family Affairs his policy in relation to social welfare claims where a claimant is late in claiming a benefit; the reason the full amount is not paid; and if he will make a statement on the matter. [29678/00]

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

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.

Since coming into office in 1997, I have made a number of improvements to the provisions relating to late social welfare claims. For instance, prior to 1997 arrears of contributory pension claims were limited to either three months or six months before the date of claim. However, under new provisions that came into operation in February 1998, the period for which such arrears can be paid in full was extended to twelve months and, where a claim under these schemes is more than 12 months late, the period of payment is extended on a proportional basis.

The legislation also provides for payment to 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.

The legislation now also provides for relaxation of the restrictions on backdating late claims under all schemes apart from unemployment benefit, unemployment assistance and supplementary welfare allowance, and for further payment to 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 aforce majeure prevented a person from claiming earlier or, the person is dependent on the arrears of payment to relieve financial hardship.

Regulations made by me earlier this year put on a statutory basis certain extra-statutory provisions that had applied in the case of late claims under certain schemes. All late claims are now determined in accordance with the legislation.

The provisions relating to late claims have been subjected to very close scrutiny in recent years. There is a general obligation on people to claim their social welfare entitlements in time. However, cases will inevitably arise where they fail to do so and the legislative provisions are designed to cater for such situations. I am satisfied that the current provisions strike a reasonable balance between, on the one hand the need to exercise supervision and control of claims and the requirements of sound financial management and control of public expenditure and, on the other hand, the need for appropriate recognition to be given to cases of genuine hardship or difficulty.