Oireachtas Joint and Select Committees
Tuesday, 2 July 2024
Joint Oireachtas Committee on Social Protection
General Scheme of the Social Welfare (Bereaved Partner's Pension) Bill 2024: Discussion
6:30 pm
Mr. Christopher Bowes:
With regard to the first cohort Ms Lucey spoke about, those who may have an entitlement with effect from 22 January 2024, it is, as Deputy Ó Cuív said, worth looking at the rules around backdating for six months where there is good cause. The Department has adopted policies previously where legislative changes have come within that definition of good cause. It would be worth looking for clarification as to the approach that will be taken in this case. It is also worth pointing out that by the time this legislation is enacted, it will have gone just beyond the six months. It is important to make sure people are conscious of that. There may be a need to examine how a policy of backdating to 22 January 2024 would interact with the legislation and the regulations on backdating of claims. The Deputy mentioned that it would be fairer to backdate all claims where the bereavement arose before 22 January 2024. There may need to be some small or consequential amendments to facilitate the Department putting in place a policy to that effect.
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