Tommy Broughan (Dublin North East, Labour)
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Question 148: To ask the Minister for Social and Family Affairs his plans to amend legislation to allow welfare payments to be backdated on a standard basis by more than the current six months; and if he will make a statement on the matter. [32175/07]

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 claim, the disqualifications which apply where a claim is made late, and the circumstances in which the time limits may be extended.

Since 1997 a number of improvements have been made to the provision relating to late claims for social welfare payments. For example, prior to 1997 arrears of state pension contributory claims were limited to either three months or six months before the date of claim. Regulations made in 2000 put certain extra-statutory provisions that had applied in the case of late claims under certain schemes on a statutory basis. All late claims are now determined in accordance with the legislation.

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 6 months prior to the date of claim provided there was good cause for the late claim.

The legislation now also provides for relaxation of the restrictions on backdating late claims under all schemes apart from Unemployment Benefit, Unemployment Assistance and Supplementary Welfare Allowance, 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 will 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 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.