Dáil Éireann Debate, Tuesday - 16 January 2018
1672. Deputy Willie O'Dea asked the Minister for Employment Affairs and Social Protection the time limits for backdating all social welfare payments under the remit of her Department, in tabular form; and if she will make a statement on the matter. [1923/18]
View answerThe primary legislation governing claims and late claims is set out in Sections 241, 342 and 342A of the Social Welfare Consolidation Act 2005, as amended. The legislation requires that persons must claim their entitlements within a specific period from the date their entitlement arises - this is referred to as the 'prescribed time'. The prescribed times for each payment are set out in the table. Once a claim is made within the prescribed time for that particular payment, it is automatically backdated to the date of entitlement.
Where a claim is made after the prescribed time, a statutory disqualification or disallowance is incurred. However, the legislation gives the deciding officer some discretion to backdate the payment, where the claim is received after the prescribed time, in exceptional circumstances and where the relevant regulations allow. These regulations allow for circumstances where the claimant establishes there was ‘good cause’ for delay, or that they were inadvertently misinformed by an officer of the Department, or incapacitated and unable to make the claim on time.
The table sets out the prescribed times for making a claim for each scheme and the provisions to backdate payments where appropriate.
Each late claim is assessed by Deciding Officers and is based on the contentions put forward by the applicant and evaluating the available evidence. The deciding officer may decide to backdate the payment, within the limits set out in the table, depending on the circumstances and according to legislative provisions pertaining to each scheme.
The legislation allows a Deciding Officer the discretion to back date the payment for up to 6 months where he/she is satisfied that the claimant had ‘good cause’ for failing to apply within the prescribed time, provided of course that the claimant was eligible during the 6 months. This limitation does not apply in the case of Child Benefit.
Backdating of a late claim beyond 6 months can be considered only in specific circumstances whereby the failure to claim arose as the result of either incorrect information being supplied by the Department or the claimant’s incapacity due to illness or infirmity.
Where the failure to claim within the prescribed time arose as a result of erroneous information supplied by staff of the Department, the claim may be backdated to the date of commencement of entitlement.
All decisions with regard to entitlement under these provisions are made by deciding officers, and can therefore be appealed to the Social Welfare Appeals Office (SWAO).
The Department has published information on Claims and Late Claims on www.welfare.ie.
Table: Prescribed time for making a claim and possible period(s) for backdating payments in specified conditions, for each scheme
|
Type of claim |
Prescribed time for making a claim |
Max possible period of backdate |
|
Adoptive Benefit |
First date of entitlement |
Backdate max. 6 months |
|
Back to Work Family Dividend |
Within 3 months of first date of entitlement |
Backdate max. 6 months |
|
Bereavement Grant |
Within 3 months of death of deceased |
Backdate max. 6 months |
|
Blind Pension |
First date of entitlement |
Backdate max. 6 months |
|
Carer's Allowance |
First date of entitlement |
Backdate max. 6 months |
|
Carer's Benefit |
8 weeks before & after first date of entitlement |
Backdate max. 6 months |
|
Carers Support Grant |
8 weeks before the date grant payable ending on 31 Dec. of the year immediately following the year in which the grant is payable |
|
|
Child Benefit ** |
Within 12 months of first date of entitlement |
** Back payment from date entitlement would have first existed if the claim had been made at the correct time. |
|
Constant Attendance Allowance (OIB) |
Within 3 months of first date of entitlement |
Backdate max. 6 months |
|
Continued Payment for Qualified children |
Within 13 weeks of commencing employment |
Backdate max. 6 months |
|
Death Benefit (OIB) |
Within 3 months of death of deceased |
Backdate max. 6 months |
|
Disability Allowance |
Within 7 days of first date entitlement |
Backdate max. 6 months |
|
Disablement Benefit (OIB) |
Within 3 months of first date of entitlement |
Backdate max. 6 months |
|
Domiciliary Care Allowance |
First date of entitlement |
Backdate max. 6 months |
|
Family Income Supplement |
Within 3 months of first date of entitlement |
Backdate max. 6 months |
|
Farm Assist |
First date of entitlement |
Backdate max. 6 months |
|
Guardian's Payment (Contributory) |
Within 3 months of first date of entitlement |
Backdate max. 6 months |
|
Guardian's Payment (Non-Contributory) |
Within 3 months of first date of entitlement |
Backdate max. 6 months |
|
Health and Safety Benefit |
First date of entitlement |
Backdate max. 6 months |
|
Illness Benefit |
Within 7 days of becoming unable to work |
Backdate max. 6 months |
|
Incapacity Supplement (OIB) |
Within 3 months of first date of entitlement |
Backdate max. 6 months |
|
Invalidity Pension |
Within 3 months of first entitlement |
Backdate max. 6 months |
|
Jobseeker's Allowance |
First date of entitlement |
Backdate max. 6 months |
|
Jobseeker's Benefit |
First date of entitlement |
Backdate max. 6 months |
|
Maternity Benefit |
First date of entitlement |
Backdate max. 6 months |
|
Medical Care |
Within 6 wks of commencement of such care |
Backdate max. 12 months |
|
Occupational Injury Benefit (OIB) |
Within 21 days of first day of entitlement |
Backdate max. 6 months |
|
One Parent Family Payment |
Within 3 months of first date of entitlement |
Backdate max. 6 months |
|
Paternity Benefit |
First date of entitlement |
Backdate max. 6 months |
|
State Pension (Contributory) |
Within 3 months of first date of entitlement |
Backdate max. 6 months |
|
State Pension (Non-Contributory) |
First date of entitlement |
Backdate max. 6 months |
|
Widow's Widower’s or Surviving Civil Partners (Contributory) |
Within 3 months of first date of entitlement |
Backdate max. 6 months |
|
Widow's Widower’s or Surviving Civil Partners (Non-Contributory) |
First date of entitlement |
Backdate max. 6 months |
