Vol. 492 No. 5
30 Mr. J. O'Keeffe asked the Minister for Social, Community and Family Affairs his views on the payment of full arrears to those who are entitled to social welfare payments when, by reason of disability, mistake or otherwise, there is a delay in submitting applications. [10196/98]
It has always been the case that people claiming social welfare payments are required to make their claim within a specified period. Where a claim is not made on time payment can only be backdated for a specified period the duration of which varies with the type of claim.
Legislation in this matter has recently been significantly improved in the case of retirement, old age and survivors contributory pensions. Previously the general limit on backdating of payments was six months. The limit is now 12 months as provided for in the Social Welfare Act, 1997. This means that full arrears are now paid for up to 12 months prior to the date of claim.
Furthermore, under regulations which I made last February, the proportion of arrears due in respect of the period beyond 12 months may also be paid. The regulations also provide for the possibility of full arrears in cases where claims are delayed due to force majeure, proven incapacity on the part of the applicant, to departmental error and to alleviate current financial hardship.
Payment of full arrears in all late claims cases, regardless of the circumstances for the delay in claiming, would give rise to extremely significant ongoing additional costs. It is also reasonable in the context of proper management of the system that people claim on time and have the responsibility for so doing. Apart from the cost of financing late claims the administration and processing involved is time consuming and inefficient, especially where circumstances may have to be verified long after the event.
The changes which have recently been made represent a significant improvement in the position that has applied heretofore and strike a reasonable balance between the need for effective management of the system and appropriate recognition to be given to cases of genuine hardship or difficulty. I strongly encourage people to submit claims promptly to my Department if they consider they might be eligible under a scheme. In this way they will receive their full entitlements from the time their need first arose. Information and scheme claim forms are widely available throughout the country, from my Department and from other information centres, on the range of social welfare services available.
Is the Minister in favour of the full take up of benefits to which the people concerned are entitled, or in favour of trying to restrict the payment of arrears in so far as the regulations can be so framed?
As the Deputy knows, this has been an issue for a number of years. For many years the norm was that backdating was allowed for only three months, but some exceptions were made for good cause cases when backdating could was allowed for a further three months.
A "yes" or "no" answer will suffice.
Over that period the six months arrears period became the norm. This matter is not as simple as just answering the Deputy's question. He was a member of a party that was in Government not so long ago which considered this issue in depth and he voted to change the law in the Social Welfare Act, l997 which provided for the backdating of claims for a 12 month period. I followed up that by introducing regulations required under that legislation passed by the rainbow coalition Government. I accept that it struck a reasonable balance between giving people their arrears and recognising the Department has difficulty in dealing with cases involving extremely late claims. What is required is that people should be given proper information and the Department should do whatever it can to readily provide that.
I thought the format of Question Time was changed to ensure Ministers give brief replies.
Two minutes are allowed for the initial reply.
I am anxious to know if the Minister is in favour of paying people their arrears, as the advertisement for Tullamore Whiskey states, by giving every man his dew. Everyone should get his or her due. I would like the Minister to follow through on the progress made by the last Government. If somebody owed the Department money, would the Minister not chase that person to get the last bob due unless there were extenuating circumstances? It is only right that people legally entitled to a pension should be given the full amount they are due.
The Ombudsman considered this issue in great detail and produced a report on it last year which contained some good recommendations. The tenor of that report was that efforts should be made to ensure people who are owed money are paid it in full. The Ombudsman particularly mentioned in the recommendations, that the Department should notify all potential contributory pensioners of their possible entitlement, but that is not being done. Will the Minister accept it is unjust and inequitable that people are denied their full entitlement to arrears in respect of their pensions?
We must now proceed to Question No. 31.
Will the Minister give a "yes" or "no" answer to that question?
We have exceeded the six minutes allocated for this question and we must now proceed to Question No. 31.
Was the Minister entitled to give ráiméis in reply to my question?
I do not accept that.
I asked a simple question and I would like the Minister to give a "yes" or "no" answer to it.
I call the Minister to take Question No. 31.
