Social welfare legislation provides for backdating of State pension (contributory) for 6 months from the date of receipt of the claim. Backdating of a late claim beyond 6 months may be considered in circumstances where the failure to claim arose as a result of -
1) incorrect information being supplied by the Department or2) the claimant's incapacity by illness or infirmity to make a claim or have someone make a claim on their behalf.
The governing social welfare legislation is contained in section 241 of the Social Welfare Consolidation Act, 2005 (as amended) and Article 186 of Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007, also referred to as Statutory Instrument 142 of 2007.
It should be noted that this legislates for all payments by my Department and, as such, any changes would have far reaching consequences. Accordingly, there are currently no plans to amend the time allowed for backdating claims.
I hope this clarifies the matter for the Deputy.