Olwyn Enright (Laois-Offaly, Fine Gael)
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Question 187: To ask the Minister for Social and Family Affairs if he has plans to change the law governing the time-frame within which individuals must apply for State pensions; and if he will make a statement on the matter. [27587/07]

Martin Cullen (Waterford, Fianna Fail)
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The legislative provisions relating to late claims for social welfare benefits are set out in Section 241 of the Social Welfare Consolidation Act 2005, and in Regulations made under that section. These provisions set out the times within which a person must make a claim, the disqualifications which apply where a claim is made late, and the circumstances in which the time limits may be extended. Legislation provides for relaxation of the restrictions on backdating late claims under many schemes including State pensions and for further payment to be made, up to the level of full retrospection where the circumstances would warrant it, where:

the delay was due to incorrect information having been given by my Department, or

illness or a force majeure prevented a person from claiming earlier or,

the person is dependent on the arrears of payment to relieve financial hardship.

It is generally accepted that there is an obligation on people to claim their social welfare entitlements in time. However, cases inevitably arise where they fail to do so and the legislative provisions are designed to cater for such situations. 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, on the other hand, the need for appropriate recognition to be given to cases of genuine hardship or difficulty.