Vol. 486 No. 4
40 Mr. Timmins asked the Minister for Social, Community and Family Affairs the reason the decision of the Ombudsman in relation to the withholding of arrears of pensions has not been implemented; and if he will make a statement on the matter. [2689/98]
44 Mr. Howlin asked the Minister for Social, Community and Family Affairs if he will have arrangements made to pay full arrears to survivors and old age pensioners who claimed their entitlements late due to the fact that they were not aware of their entitlements; and if he will make a statement on the matter. [2683/98]
I propose to take Questions Nos. 40 and 44 together.
To qualify for payment under the various benefit, pension and allowance schemes administered by my Department, applicants must satisfy a number of statutory conditions which include the need to claim in time. Where a claim is not made within the prescribed time, the person is disqualified for receipt of payment in the case of contributory widow's, widowers, retirement or old age pensions in respect of any period more than 12 months before the date on which the claim is made. Prior to 1 January 1997, the disqualification applied in respect of any period more than six months before the date of claim. Section 32 of the Social Welfare Act, 1997 provided for 12 months backdating in respect of claims made after that date. This section also provides power to make regulations, which will extend the periods for which claims may be backdated in certain circumstances. These regulations are intended, inter-alia, to meet the Ombudsman's concerns that the substantive principle of proportionality should be brought to bear in the treatment of arrears cases. The regulations will also put on a statutory basis, the existing extra-statutory arrangements, which enabled payment of arrears for more than the relevant statutory periods of six or 12 months to be made in certain exceptional circumstances. The regulations have now been finalised and they will be laid before each House of the Oireachtas in accordance with the relevant legislation.
All claims which are affected by the provisions of the regulations will be reviewed as soon as practicable and the persons concerned will be notified of the outcome.
