Dáil Éireann Debate, Tuesday - 14 June 2022
1077. Deputy Sean Sherlock asked the Minister for Social Protection the legislative provision prescribing the time limit for the application for parent's benefit; and if she will make a statement on the matter. [28902/22]
Amharc ar fhreagraThe Government has committed to the continued support of working parents to achieve a better work-life balance. Parent’s Leave and Benefit falls into this category and encourages the sharing of parental responsibilities equally between couples.
The Parent’s Leave and Benefit Act 2019 introduced two weeks of paid Parent’s Leave for each parent of a child born or adopted after 1 November 2019.
In Budget 2021, this leave increased from 2 weeks to 5 weeks and an increase to 7 weeks was announced in Budget 2022.
The primary legislative provisions governing claims and late claims submitted to my Department are set out in Sections 241, 342, 342A and Part 9, Chapter 1 of the Social Welfare Consolidation Act 2005, as amended.
The main regulatory provisions with regard to governing Parent’s Benefit claims and late claims are contained in Chapter 1 of Part 7 of the Social Welfare (Consolidated Claims, Payments and Control) Regulations (S.I. No. 142 of 2007) as amended.
Claimants must complete and sign the appropriate application form and ensure that it is submitted to the relevant section of the Department within a specified period of becoming entitled to the payment. This period is usually referred to as 'the prescribed time', which is set at six months for applications for Parent’s Benefit.
All decisions with regard to entitlement under these provisions are made by deciding officers, and can therefore be appealed to the Social Welfare Appeals Office (SWAO).
Provision is made in the legislation to allow payment within certain limits where there was `good cause' for the late claim. 'Good cause' must be assessed by Deciding Officers by the application of common-sense principles to the contentions put forward by the applicant, and by the evaluation of the evidence available to support those contentions.
I trust that this clarifies the position for the Deputy.
