S.I. No. 55/1998 - Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 2) (Late Claims) Regulations, 1998.

S.I. No. 55 of 1998.

SOCIAL WELFARE (CONSOLIDATED PAYMENTS PROVISIONS) (AMENDMENT) (NO. 2) (LATE CLAIMS) REGULATIONS, 1998.

The Minister for Social, Community and Family Affairs in exercise of the powers conferred on him by sections 4 and 205 (as amended by section 32 of the Social Welfare Act, 1997 (No. 10 of 1997)) of the Social Welfare (Consolidation) Act, 1993 (No. 27 of 1993) hereby makes the following Regulations:

1 Citation and construction

1. (1) These Regulations may be cited as the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 2) (Late Claims) Regulations, 1998.

(2) These Regulations and the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 to 1998 shall be construed together and may be cited as the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 to 1998.

2 Application

2. These Regulations shall apply in respect of a claim for old age (contributory) pension, retirement pension, widow's (contributory) pension, widower's (contributory) pension and orphan's (contributory) allowance made on or after the 1st day of January, 1997.

3 Definition

3. In these Regulations "the Principal Regulations" means the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 ( S.I. No. 417 of 1994 ).

4 Payment of late claims

4. The Principal Regulations are hereby amended by the insertion after article 103 of the following articles:

"Payment of claims received more than 12 months after the due date.

104. (1) Notwithstanding the provisions of section 205(2), where a claim in respect of old age (contributory) pension, retirement pension, widow's (contributory) pension, widower's (contributory) pension or orphan's (contributory) allowance is made by or on behalf of a claimant in respect of any period more than 12 months before the date on which the claim is made, the period in respect of which payment is made under section 205(2) shall be extended where it is shown to the satisfaction of a deciding officer or appeals officer that the person was entitled to the said pension or allowance.

(2) For the purposes of sub-article (1), where the period from the date on which the person establishes entitlement to the date on which the claim was made is a period specified in column (1) of Schedule R, the period by which payment shall be extended is that shown opposite the aforementioned period in column (2) of the said Schedule.

(3) The period in respect of which payment is extended under the foregoing sub-articles may be further extended to—

(a) (i) the date on which information was given by an officer of the Minister to the person or a person appointed by the said person to act on his or her behalf, or

(ii) the date of entitlement,

whichever is the shorter period,

where such information resulted in the delay in making the claim or

(b) (i) the date on which the person became incapacitated to such an extent that he or she was unable to make a claim or appoint a person to act on his or her behalf, or

(ii) the date of entitlement,

whichever is the shorter period,

where the delay in making the claim was due to the person being so incapacitated:

Provided that the claim is made either before or within 12 months of the person ceasing to be so incapacitated, or

(c) (i) the date on which the person suffers an event which is a force majeure, or

(ii) the date of entitlement,

whichever is the shortest period,

where the delay in making the claim was due to the person suffering an event which is a force majeure:

Provided that the claim is made within 12 months of the person suffering the force majeure, or

(d) (i) the date of entitlement, or

(ii) whatever date after the date of entitlement appears appropriate to the deciding officer or appeals officer,

where the person has a current level of financial indebtedness which cannot reasonably be financed from—

(I) current income, including payments made or due under the preceding provisions of this article, or

(II) the disposal of current assets, or

(III) any combination of said income or disposal of said assets.

Rounding.

105. A period extended in accordance with article 104(2) shall be rounded up to the nearest whole number of weeks where the number of days exceeds 0.5 or more of a week and shall be rounded to the nearest week in all other cases.".

5 Insertion of Schedule

5. The Principal Regulations are hereby amended by the insertion after Schedule Q (inserted by the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 11) (Increase for Qualified Adult) Regulations, 1997 ( S.I. No. 492 of 1997 )) of the following Schedule:

"SCHEDULE R

Article 104

Extension of period for payment of claims received more than 12 months after the due date

GIVEN under the Official Seal of the Minister for Social, Community and Family Affairs, this 13th day of February, 1998.

DERMOT AHERN,

Minister for Social, Community and Family Affairs.

The Minister for Finance hereby consents to the making of the foregoing Regulations.

GIVEN under the Official Seal of the Minister for Finance, this 17th day of February, 1998.

CHARLIE McCREEVY,

Minister for Finance.

EXPLANATORY NOTE.

These Regulations provide that Old Age (Contributory) Pension, Retirement Pension, Widow's and Widower's (Contributory) Pension and Orphan's (Contributory) Allowance claims made on or after 1 January, 1997, where the claim is more than 12 months late, shall have the period of payment extended beyond 12 months on a proportional basis.

The Regulations also provide for further extension of the payment period in cases where the delay is due to

— incorrect information given by the Department of Social, Community and Family Affairs,

— the person being so incapacitated that they were unable to pursue their claim,

— a force majeure.

There is also provision to extend the period of payment where the person is currently in financial difficulties.