Back dating child benefit
While the legislation is specific in relation to the requirement that a claim be made, article 179 of SI 142 of 2007 (as amended)allows the Minister discretion in regard to what may be accepted as constituting a valid claim.The Minister may accept a letter or other suitable form of notification, as satisfying the requirement of making a claim within the prescribed time.This period is usually referred to as 'the prescribed time' - see paragraph 3.4 below.For the purposes of satisfying identity, the Claimant may be asked to: Where a claimant for any Social Welfare Benefit or Assistance (excluding Supplementary Welfare Allowance) is required to produce Birth, Marriage or Death certificates, these may be purchased for a reduced fee (currently €1.00) from the General Register Office or Superintendent Registrar's Office (one located in each county).Again, this is more easily established in contributory schemes where entitlement is mainly dependent on social insurance contributions and other verifiable conditions.Example: Existing claims for: ** The Social Welfare and Pensions Act 2011 discontinues the State Pension (Transition) for new claimants with effect from 1 January 2014.In the case of certificates required for the purpose of obtaining Supplementary Welfare Allowance, no fee is payable.
See also Part 9, Chapter 1 of Social Welfare Consolidation Act 2005. 142 of 2007) as amended – Articles 179 to 191 and SI 695 of 2006.
This standardises the State Pension age at 66 years for all applicants.
The officer should also consider the reason for the delay in claiming.
Similarly, if the change in legislation results in an increase in the existing rate of payment, the existing claim will be accepted as constituting a claim for an increase.
Factors to be considered in this context: In general it is usually easier to establish entitlement in the case of contributory and long-term schemes than in the case of non-contributory and short-term schemes. A claim for a related Social Welfare Payment Where a late claim is made by a person who is in receipt of a related Social Welfare Benefit/Allowance, the claim in payment may be accepted as a claim for the later social welfare payment.
In addition to making a formal claim, the person is also required to provide all relevant information and to furnish any relevant documents which are requested to substantiate the claim.