Dáil Éireann Debate, Tuesday - 18 April 2023
918. Deputy Paul Kehoe asked the Minister for Social Protection the reason the request for the backdating of the invalidity pension claim for a person (details supplied) was refused; if there are any circumstances that it can be considered at this time; and if she will make a statement on the matter. [17310/23]
View answerInvalidity pension (IP) is a payment for people who are permanently incapable of work because of illness or incapacity and for no other reason and who satisfy the pay related social insurance (PRSI) contribution conditions.
There has been no recent communication to the IP section in respect of this claim that closed in 2016. The person concerned was in receipt of IP from 11 December 2003 to 23 May 2016. The IP claim closed when she transferred to State Pension Contributory from 24 May 2016, with no gap in payments.
She had been awarded IP from 16 December 2004 following an appeal of the initial decision to refuse her application on medical grounds. On review of the Appeals Officer’s decision, her claim was subsequently backdated by a further year to 11 December 2003. She appealed this decision on grounds that her claim should be backdated further. However, this appeal was disallowed by an Appeals Officer (AO) of the independent Social Welfare Appeals Office (SWAO). The person in question was notified of the AO decision by letter on 14 January 2008 from the SWAO.
The matter was also brought to the Ombudsman in 2008 and they found that there were insufficient grounds to pursue the complaint relating to further backdating.
The decision of an Appeals Officer is final and conclusive except in light of new facts or evidence, the matter is now closed.
I hope this clarifies the position for the Deputy.
