Social Welfare Act, 1997

• Permanent Page URL

Disqualifications for claims made outside prescribed time.

32.—(1) Section 205 of the Principal Act is hereby amended by the substitution for subsection (2) of the following subsections:

“(2) Where a person fails to make a claim for benefit (including any increases thereof) within the prescribed time, he or she shall be disqualified for payment—

(a) in the case of old age (contributory) pension, retirement pension, widow's (contributory) pension, widower's (contributory) pension or orphan's (contributory) allowance, in respect of any period more than 12 months before the date on which the claim is made,

(b) in the case of invalidity pension, in respect of any period more than 6 months before the date on which the claim is made,

(c) in the case of unemployment benefit, health and safety benefit, adoptive benefit, occupational injuries benefit, death grant, unemployment assistance, pre-retirement allowance, old age (non-contributory) pension, blind pension, widow's (non-contributory) pension, widower's (non-contributory) pension, orphan's (non-contributory) pension, one-parent family payment, carer's allowance and family income supplement, in respect of any period before the date on which the claim is made,

(d) in the case of disability benefit, sickness allowance or disability allowance, in respect of any period more than 7 days before the date on which the claim is made, and

(e) in the case of maternity benefit—

(i) where the claim is made before the end of the week of confinement, payment in respect of any period before the beginning of the week in which the claim is made,

(ii) where the claim is made after the end of the week of confinement, payment in respect of any period before the beginning of the 7th week before the week in which the claim is made not being earlier than the commencement of the week of confinement:

Provided that in the case of a benefit to which paragraphs (c), (d) or (e) apply, where a claimant proves to the satisfaction of a deciding officer or an appeals officer that—

(I) on a date earlier than the date on which his or her claim for benefit (including any increases thereof) was made, apart from satisfying the condition of making a claim, he or she was entitled thereto, and

(II) throughout the period between the earlier date and the date on which his or her claim was made there was good cause for the delay in making a claim,

he or she shall not be disqualified for receiving payment in respect of any such period referred to in subparagraph (I) which does not exceed 6 months before the date on which the claim is made.

(2A) A person who fails to make a claim for child benefit within the prescribed time shall be disqualified for payment in respect of any day before the date on which the claim is made unless a deciding officer or appeals officer is satisfied that there was good cause for delay in making the claim, in which case, child benefit shall be payable from the 1st day of the month following that in which the claimant became a qualified person within the meaning of section 193.

(2B) A claimant for disability benefit or injury benefit who fails or neglects for a period exceeding 6 months to submit or to continue to submit medical or other satisfactory evidence of the incapacity, shall be disqualified for receiving benefit in respect of any such period but where a deciding officer or an appeals officer is satisfied that there was good cause for delay in submitting or continuing to submit evidence of incapacity, he or she may extend the period of 6 months to the date on which the evidence is submitted.

(2C) Where a person fails to make a claim for continued payment for qualified children within the prescribed time, he or she shall be disqualified for receiving the said payment.

(2D) Notwithstanding subsection (2), the periods specified in that subsection in respect of which payment may be made before the date on which a claim is made may, subject to such conditions and in such circumstances as may be prescribed, be extended by an officer of the Minister appointed by the Minister for this purpose.”.

(2) Section 4 (4) (a) of the Principal Act is hereby amended by the insertion after “203(1),” of “205(2D),”.

(3) Articles 104, 104A, 105, 107 (4), 107 (5), 109 (1)(b) and 109 (2) of the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 ( S.I. No. 417 of 1994 ), and Articles 11A (3), 11A (4), 11A (7) and 11B (inserted by Article 9 of the Social Welfare (Claims and Payments) (Amendment) Regulations, 1967 ( S.I. No. 85 of 1967 ), of the Social Welfare (Claims and Payments) Regulations, 1952 ( S.I. No. 374 of 1952 ), are hereby revoked.

(4) This section shall apply in respect of a claim for any benefit, assistance, family income supplement, child benefit or continued payment for qualified children under the Principal Act made on or after the 1st day of January, 1997.

(5) This section shall come into operation on such day as the Minister may appoint by order.