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The primary legislative provisions governing claims and late claims are set out in Sections 241, 342 and 342A of the Social Welfare Consolidation Act 2005, as amended.
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.
Similarly, a claim for a particular non-contributory payment is normally treated as a claim for an equivalent contributory payment if it transpires subsequently that there was a contributory entitlement.
In all such cases, the Officer must be satisfied that all other conditions governing the particular scheme were fulfilled.
This standardises the State Pension age at 66 years for all applicants.
The officer should also consider the reason for the delay in claiming.
This involves initiating a claim on the person's behalf in Ireland, where relevant.
Instances arise where liaison action is not initiated by the relevant State.
It may also be applied where one of the following conditions applies, subject to the circumstances of the case.
In the above context, the possibility must always be considered that the delay was due to an undisclosed disqualification, or a means factor that no longer exists, or a condition of entitlement that was not fulfilled at the time.
However, where a reasonable explanation has been advanced as to why there was a delay in claiming, and there is no reason to believe that entitlement did not exist, the discretion to accept the other claim in lieu of the relevant claim should be applied.
The main regulatory provisions with regard to claims are Legislation contained in Chapter 1 of Part 7 of the Social Welfare (Consolidated Claims, Payments and Control) Regulations (S. Previously - SI 55 of 1998, SI 159 of 2000 and SI 160 of 2000.
Note: See also references to claims and late claims within separate guidelines dealing with the individual schemes.
It is a condition of a person's right to any payment that he or she makes a claim for the specific payment in the manner set out in regulations (Article 179 of SI 142 of 2007) and satisfies the Department of his or her identity.