Dáil Éireann díospóireacht -
Thursday, 20 Oct 1994

Vol. 446 No. 2

Written Answers. - Late Claims.

Bernard Allen

Ceist:

13 Mr. Allen asked the Minister for Social Welfare if his attention has been drawn to the 1993 annual report of the Ombudsman and the comments about the unfairness of the restrictions on arrears payments of social welfare whereby certain persons, due to the nature of their complaint, are unable to claim benefits and only receive retrospective payments for six months; and if he will change the relevant regulations in view of the fact that the Ombudsman has been commenting on the unfairness of this regulation since the 1985 annual report. [170/94]

Minister for Social Welfare (Dr. Woods)

The time limits for claiming social welfare payments are set out in regulations. These regulations prescribe that, in the case of late claiming, arrears of payment can be made for up to three months prior to the date of claim. In exceptional circumstances this period can be extended to six months.

The Ombudsman in his most recent report has expressed the view that these restrictions can give rise to significant inequities in the case of social insurance benefits based on contributions. He suggests a new arrangement whereby a penalty would be applied in the cases of late claiming rather than total disqualification.

In many cases it would be very difficult to carry out the necessary checks on entitlement if the period for claiming were to be extended. The vast majority of cases are covered by the six months limit. I am, however, reviewing the present arrangements to see whether any changes are warranted.