Séamus Brennan (Dublin South, Fianna Fail)

The Deputy refers, perhaps, to a review on the possible merging of child dependant allowances and family income supplement to form a second tier of child benefit support. The review is being undertaken by the National Economic and Social Council. Under its terms of reference, the review does not specifically deal with the backdating of claims as there is a general obligation on people to claim their social welfare entitlements on time. However, legislative provisions have been designed to cater for the inevitable cases in which people fail to claim on time. The legislative provisions on late claims for social welfare benefits are set out in section 205 of the Social Welfare (Consolidation) Act 1993, as amended, and in regulations made under the section. The provisions set out the periods within which persons must claim, the disqualifications which apply where late claims are made and the circumstances in which time limits may be extended.

Currently, regulations provide for payment to be made on foot of late claims across a range of schemes, including family income supplement, for a period of six months prior to the date of claim if a satisfactory cause for claiming late can be demonstrated. The legislation sets out the circumstances in which a relaxation of the restrictions on back-dating of late claims may be warranted under all schemes except those on unemployment benefit, unemployment assistance and supplementary welfare allowance. The legislation also outlines the circumstances in which further payment may be made up to the level of full retrospection. Such circumstances arise where a delay was due to the provision of incorrect information by my Department, illness or force majeure or where the person is dependent on the arrears of payment to relieve financial hardship.

Lack of knowledge is not in itself a consideration to be taken into account when back-dating claims. The Department operates a comprehensive information service as an essential element of the effective delivery of its schemes and services. The underlying objective of the service is to ensure people are made aware of their entitlements and kept informed of developments. Information on social welfare schemes and services is also available from local and branch social welfare offices and through the wide network of citizens' information centres. I am satisfied the current provisions on late claims strike a reasonable balance between, on one hand, the need to supervise and control claims, the requirements of sound financial management and control of public expenditure and, on the other, the need to recognise appropriately cases of genuine hardship or difficulty.

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