John McGuinness
Question:1578. Deputy John McGuinness asked the Minister for Employment Affairs and Social Protection the status of an application for a State pension (non-contributory) by a person (details supplied). [54487/17]
View answerTuesday, 16 January 2018
Questions (1578)
Written answers
The customer was awarded a reduced rate of State pension contributory from 14th February, 2014 and also an allowance was awarded for his wife as a qualified adult which is a means tested component of the award. He subsequently applied for the means tested State pension non-contributory in his own right on 6 September 2017 and following investigation of the claim this was awarded with effect from 10th January, 2018. At the time of the award of the reduced rate of pension the customer was advised that he could apply for the non-contributory pension.
The prescribed time for making a claim for State pension non-contributory is three months prior to the applicant reaching age 66. In the case of a late claim, where there is good cause shown for a delay in making the claim, consideration can be given to backdating an award for up to six months. Further backdating may be considered where the delay in applying for pension was due to incorrect information having been given by the Department or where (medically evidenced) incapacity of the applicant was such that it prevented them from claiming at the due time. While the specific reason for the delayed application in this case has not been established, a Deciding Officer has to consider the possibility that such delays can be due to means factors that no longer exist or a condition of entitlement that was not possible for the customer to fulfil at the time of an earlier application.
In this case the Deciding Officer using their discretion, backdated the award of the State pension non-contributory to 7th July 2017 in line with the award date of the person’s spouse’s claim for State pension non-contributory and they were notified of this decision and their right of appeal.
I trust that this clarifies the matter for the Deputy.