Social Welfare Consolidation Act 2005

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Chapter 1

Claims and Payments

Claims.

[1993 s205(1)]

241.—(1) It shall be a condition of any person’s right to any benefit that he or she makes a claim for that benefit in the prescribed manner.

(2) Where a person fails to make a claim for benefit (including any increases of that benefit) 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 (other than disablement benefit under section 75 , an increase in disablement benefit under sections 77 and 78 or death benefit by way of pension under sections 81 , 82 and 83 ), carer’s benefit, bereavement grant, widowed parent 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, farm assist 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, or disability allowance, in respect of any period more than 7 days before the date on which the claim is made,

(e) in the case of maternity benefit—

(i) where the claim is made before the end of the week of confinement, 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, 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 beginning of the week of confinement,

and

(f) in the case of disablement benefit under section 75 , an increase in disablement benefit under section 77 or 78 or death benefit by way of pension under section 81 , 82 or 83 , in respect of any period more than 3 months before the date on which the claim is made.

(3) Notwithstanding paragraphs (c), (d), (e) and (f) of subsection (2), in the case of a benefit to which those paragraphs apply, where a claimant proves to the satisfaction of a deciding officer or an appeals officer that—

(a) on a date earlier than the date on which his or her claim for benefit (including any increase of benefit) was made, apart from satisfying the condition of making a claim, the claimant was entitled to benefit, and

(b) 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 paragraph (a) which does not exceed 6 months before the date on which the claim is made.

(4) 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 first day of the month following that in which the claimant became a qualified person within the meaning of section 220 .

(5) 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, the deciding officer or appeals officer may extend the period of 6 months to the date on which the evidence is submitted.

(6) 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 that payment.

(7) 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 the conditions and in the circumstances that may be prescribed, be extended by a deciding officer or an appeals officer, as the case may be.

(8) Regulations may provide for provisionally allowing a claim for benefit before the date on which the claimant will actually become entitled to that benefit, in the manner and subject to the conditions that may be prescribed.

(9) For the purposes of this Act, any claim or notice made or sent by post or by any other method is deemed to have been made or given on the date of receipt of the claim or notice by an officer of the Minister.