93. Deputy Catherine Callaghan asked the Minister for Social Protection the time limits for backdating all social welfare payments under the remit of his Department, in tabular form. [67438/26]

The primary legislation governing claims and late claims is set out in Section 241 of the Social Welfare Consolidation Act 2005, as amended. The legislation requires that persons must claim their entitlements within a specific period from the date their entitlement arises - this is referred to as the 'prescribed time'. The prescribed times for each payment are set out in the attached table. Once a claim is made within the prescribed time for that particular payment, it is automatically backdated to the date of entitlement.

Where a claim is made after the prescribed time, a statutory disqualification may arise. However, the legislation provides a degree of discretion to allow payment to be backdated in certain circumstances. These provisions may apply where the claimant can demonstrate that there was ‘good cause’ for the delay in claiming, that they were inadvertently misinformed by an officer of the Department, or that they were incapacitated and therefore unable to make the claim within the prescribed time.

The attached table sets out the prescribed times for making a claim for each scheme and the provisions to backdate payments where appropriate.

Each late claim is assessed by Deciding Officers and is based on the contentions put forward by the applicant and evaluating the available evidence. The deciding officer may decide to backdate the payment, within the limits set out in the attached table, depending on the circumstances and according to legislative provisions pertaining to each scheme.

The legislation allows a Deciding Officer the discretion to backdate the payment for up to 6 months where he/she is satisfied that the claimant had ‘good cause’ for failing to apply within the prescribed time, provided of course that the claimant was eligible during the 6 months. This limitation does not apply in the case of Child Benefit.

Backdating of a late claim beyond 6 months can be considered only in specific circumstances whereby the failure to claim arose as a result of either incorrect information being provided by an officer of the Department or the claimant’s incapacity due to illness or infirmity. In these circumstances, legislation provides for an extended period of backdating, subject to the conditions and limits set out in Regulations.

All decisions with regard to entitlement under these provisions are made by deciding officers and can therefore be appealed to the Social Welfare Appeals Office.

The Department has published information on Claims and Late Claims on Gov.ie.

Prescribed time for making a claim and possible period(s) for backdating payments in specified conditions, for each scheme

Occupational Injury Benefits

Supplementary Welfare Allowance

Note: Bereaved Partner’s (Contributory) Pension

The prescribed time limits for making a claim for Bereaved Partner’s (Contributory) Pension depend on when the death occurred in relation to the enactment of the Social Welfare (Bereaved Partner’s Pension and Miscellaneous Provisions) Act 2025. The Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No 142 of 2007) creates a transitional window for earlier deaths and a rule for future claims:

Article 182(c)(i):• Where the deceased partner died before 22 January 2024, the prescribed time for a surviving qualified cohabitant to make a claim is six months from the date the 2025 Act is enacted. A claim submitted within this period is treated as timely, and, if otherwise valid, payment is made from 22 January 2024.

Article 182(c)(ii):• Where the deceased partner died on or after 22 January 2024 but before the enactment of the 2025 Act, the prescribed time for a surviving qualified cohabitant to make a claim is six months from the date the Act is enacted. A claim made within this period is treated as timely, and, if otherwise valid, payment is made from the date of death.

Article 182(ca): • Where a surviving qualified cohabitant either did not claim within the transitional six?month period provided under Article 182(c)(i) or (ii), or where the death occurs after the enactment of the 2025 Act, the claim falls under the standard rule in paragraph (cb). In these circumstances, the prescribed time for making a claim is determined in accordance with Article 182(cb)(vi).

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Article 182(cb)(vi): • For claims falling under paragraph (cb), the prescribed time for a surviving qualified cohabitant to claim the Bereaved Partner’s (Contributory) Pension is three months from the day on which the person becomes entitled, apart from satisfying the condition of making the claim itself. This three?month period applies as the standard ongoing prescribed time for all cases not covered by the transitional six?month provisions.

Note: Death Benefit

The prescribed time limits for making a claim for Death Benefit by a surviving qualified cohabitant depend on when the death occurred in relation to the enactment of the Social Welfare (Bereaved Partner’s Pension and Miscellaneous Provisions) Act 2025. The Social Welfare (Consolidated Occupational Injuries) Regulations 2007 (S.I. No. 102 of 2007) creates a transitional 6?month window for earlier deaths and a separate rule for future claims:

Article 43(da)(i):• Where the deceased partner died before 22 January 2024, the prescribed time for a surviving qualified cohabitant to make a claim is six months from the date the 2025 Act is enacted. A claim submitted within this period is treated as timely and, if otherwise valid, payment is made from 22 January 2024.

Article 43(da)(ii):• Where the deceased partner died on or after 22 January 2024 but before the enactment of the 2025 Act, the prescribed time for a surviving qualified cohabitant to make a claim is six months from the date the Act is enacted. A claim submitted within this period is treated as timely and, if otherwise valid, payment is made from the date of death.

Article 43(db)(i):• Where a surviving qualified cohabitant did not claim within the transitional six?month period provided under Article 43(da)(i) or (ii), the prescribed time for making a claim becomes three months from the day on which the person becomes entitled, apart from satisfying the condition of making the claim itself.

Article 43(db)(ii):• Where the death occurs after the enactment of the 2025 Act, the prescribed time for a surviving qualified cohabitant to make a claim is three months from the day on which the person becomes entitled, apart from satisfying the condition of making the claim itself.