Dáil Éireann Debate, Tuesday - 30 January 2024
383. Deputy Bernard J. Durkan asked the Minister for Social Protection to indicate if an entitlement to the widow’s pension can be backdated in the case of a person (details supplied); and if she will make a statement on the matter. [4175/24]
View answerSocial welfare legislation provides for backdating of widows, widowers or surviving civil partners pension for 6 months from the date of receipt of the claim. Section 241 of the Social Welfare (Consolidation) Act 2005, as amended, refers.
An application for widow's, widowers and surviving civil partners pension was received from the person concerned on 27 April 2023, following her late spouse's death in November 2021.
It was decided on 8 May 2023 that the person concerned was entitled to a widow's contributory pension at the maximum weekly rate of €265.30, a living alone allowance of €22.00, the fuel allowance of €33.00 and the telephone support allowance of €2.50. The pension was awarded from 11 November 2022.
Backdating of a late claim beyond six months may only be considered in circumstances where the delay in making a claim arose either due to incorrect information provided by an officer of my Department or due to the person being so incapacitated that they were unable to make a claim, or appoint a person to act on their behalf. Lack of knowledge is not a basis for further backdating of pension.
The person concerned appealed the decision of the Deciding Officer to the Social Welfare Appeals Officer. The Appeals Officer upheld the decision of the Deciding Officer and has notified the person concerned directly regarding the outcome of their appeal.
My Department has now written to the person concerned outlining the circumstances where further backdating may be considered. When a response is received from the person concerned, their claim for further backdating will be re-examined and they will be notified of outcome.
I trust the above clarifies the matter for the Deputy
