Dáil Éireann díospóireacht -
Tuesday, 8 Feb 2000

Vol. 513 No. 6

Written Answers. - Social Welfare Benefits.

Róisín Shortall

Ceist:

357 Ms Shortall asked the Minister for Social, Community and Family Affairs the circumstances, if any, in which back-dated payments are payable to persons who had inadvertently failed to take up a benefit to which they were entitled and for which they are now receiving payment; and the rules which apply. [3387/00]

Minister for Social, Community and Family Affairs (Mr. D. Ahern)

The legislative provisions relating to late claims for social welfare benefits are set out in Section 205 of the Social Welfare (Consolidation) Act, 1993 as amended, and in Regulations made under that section. These provisions set out the times within which a person must claim, the disqualifications which apply where a claim is made late, and the circumstances in which the time limits may be extended.

In the case of old age contributory pension, retirement pension, widow's and widower's contributory pension and orphan's contributory allowance, following changes made to the legislation in 1997, payment may be made on foot of late claims for up to 12 months. Furthermore, under Regulations which I made in 1998, where a claim under these schemes is more than 12 months late, the period of payment can be is extended on a proportional basis. In addition, payment may be made, without restriction on time, where: the delay was due to incorrect information having been given by my Department, or illness or aforce majeure prevented a person from claiming earlier or, the person is dependent on the arrears of payment to relieve financial hardship.

In all cases, the person must be able to show that he or she fulfilled all the relevant conditions governing entitlement throughout the period for which the claim is made.

Payment on foot of late claims in the case of most other schemes may be made for a period – in nearly all cases six months – provided there was good cause for the late claim. In addition there are extra-statutory provisions for extending the time limits in exceptional cases. Regulations will shortly be made to put remaining extra-statutory provisions on a statutory basis.

The guidelines for staff entitled "Claims and Late Claims", which detail how the above provisions should be applied, are published on the Internet on my Department's website at www.welfare.ie. I am arranging for a copy of these guidelines to be sent to the Deputy.