Richard Bruton (Dublin North Central, Fine Gael)
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Question 106: To ask the Minister for Social and Family Affairs the maximum period of backdated payments which his Department will make where persons were unaware of their entitlements; the reason this date is set at a shorter period than applies in respect of ordinary debts or rights of his Department to pursue overpayments; and if he will make a statement on the matter. [7504/06]

Séamus Brennan (Dublin South, Fianna Fail)
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The legislative provisions on late claims for social welfare payments are set out in section 241 of the Social Welfare (Consolidation) Act 2005 and in statutory instruments. These provisions set out the times within which a person must claim the disqualifications which apply where a claim is made late and the circumstances in which the time limits may be extended. All late claims are determined in accordance with legislation. It is a requirement that persons claim their entitlements within a specific period and if they fail to do so, a statutory disqualification is incurred.

Lack of knowledge by itself is not regarded as a sufficient reason for not claiming in time. The Department publishes information leaflets as widely as possible and advertises changes of legislation in the national press. Information offices are located throughout the country for people to make inquiries as to their entitlements. Information is also available through the wide network of citizens' information centres under the auspices of Comhairle. Decisions on late claims are made by a deciding officer who must consider what is a reasonable level of knowledge to be expected in the particular case and each case is examined on its own merits.

Since 1997, a number of improvements have been made to the provisions relating to late social welfare claims. For instance, prior to 1997, arrears of contributory pension claims were limited to either three months or six months before the date of claim. However, following changes in legislation, arrears can be paid in full on claims made on or after 1 January 1997 for 12 months in the case of old age contributory pension, orphan's contributory allowance, retirement pension and widow's and widower's contributory pension. Where a claim under these schemes is more than 12 months late, the period of backdating may be extended and payment made on a scaled basis.

The legislation also provides for payment to be made on foot of late claims in the case of a range of other schemes for a period of six months prior to the date of claim, provided there was good cause for the late claim. In the case of invalidity pension, backdating up to six months is not dependent on good cause. In the case of child benefit, payment can be made from the date of entitlement where good cause existed for the failure to claim on time.

The legislation now provides for relaxation of the restrictions on backdating late claims under all schemes apart from unemployment benefit, unemployment assistance, farm assist and supplementary welfare allowance. The legislation also provides for further payment to be made, up to the level of full retrospection, where circumstances warrant, where: the delay was due to incorrect information having been given by my Department; illness or force majeure prevented a person from claiming earlier; or the person is dependent on the arrears of payment to relieve financial indebtedness.

Limitations on backdating claims are long-standing features of social welfare provisions both here and in other jurisdictions. These limitations serve a number of purposes, which vary with the nature of the benefit involved.

A common purpose in all schemes is to facilitate financial management. If there were no limitation on backdating, the State could be faced with an accumulated liability in respect of long-delayed claims. Another factor is the need to exercise supervision and control functions concerning entitlement to payment. It is necessary to establish that all conditions governing a scheme were satisfied during the period for which backdating of payment is sought.

Payments which are means-tested are also subject to limitations regarding back-dating, on the basis that need is the fundamental requirement for entitlement and delay in claiming such payments may not be consistent with a need for such support.

The provisions relating to late claims have been subjected to close scrutiny over the years. I am satisfied that the current provisions strike a reasonable balance between, on the one hand, the need to exercise supervision and control of claims, and the requirements of sound financial management and control of public expenditure and, on the other hand, the need for appropriate recognition to be given to cases of genuine hardship or difficulty.

A social welfare overpayment occurs when a person is paid in excess of his or her entitlement. A deciding officer of the department determines the period and amount of the excess payment. It is departmental policy to maximise the recovery of moneys overpaid in order to give due regard to the interests of taxpayers and social insurance contributors who finance social welfare payments. In determining the actual amount to be repaid and the method of recovery, the Department takes into account the circumstances of the person overpaid and the circumstances in which the overpayment occurred. Persons are given the opportunity to give their views on the assessment of the overpayment and the proposed method of recovery. They can also bring to the attention of the Department any facts or circumstances they consider relevant to the recovery of the overpayment. In addition the amount of the overpayment to be repaid may be deferred, suspended, reduced or cancelled depending on the circumstances of the case.

If recovery of an overpayment is to made by making deductions from ongoing social welfare payments, the agreement of the person concerned is first sought if the arrangement for recovery of the overpayment would result in the person's weekly social welfare payment falling below the supplementary welfare allowance rate appropriate to them.

Michael Ring (Mayo, Fine Gael)
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Question 107: To ask the Minister for Social and Family Affairs if a person (details supplied) in County Mayo living in County Kildare, will be approved and awarded the rent supplement following their appeal and in view of their circumstances; and if he will make a statement on the matter. [7505/06]

Séamus Brennan (Dublin South, Fianna Fail)
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Rent supplements are available to eligible people through the supplementary welfare allowance scheme, which is administered on my behalf by the community welfare division of the Health Service Executive. Rent supplement is not payable to people in full-time education. However, an exception is made for people who are in receipt of certain social welfare payments on a long-term basis who wish to return to full-time education in order to progress from welfare to work. Neither I nor my Department has any function in determining entitlement in individual cases.

The executive has advised that it has thoroughly examined all information available to it about the circumstances of the person concerned, in considering her application for rent supplement in her college location, and has determined that she is not eligible on the basis that she is a full-time student. It has further advised that this decision has been upheld by the executive's designated appeals officer.