Emmet Stagg (Kildare North, Labour)
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Question 155: To ask the Minister for Social and Family Affairs if she will use her discretion to make a favourable decision on an application for carer's benefit by a person (details supplied) who was ill and distressed prior to the time the application was made; her views on changing the rules in respect of carer's benefit in order that persons otherwise qualified and who make a late application will be granted the payment but only paid from the date the application is made; and if she will make a statement on the matter. [35299/08]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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The legislative provisions relating to late claims for social welfare payments, including carer's benefit, 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 late claim is made and the circumstances in which the time limits may be extended.

The legislation provides for payment to be made on foot of late claims in the case of a range of schemes for a period of 6 months prior to the date of claim provided there was good cause for the late claim which can be due to:

incorrect information having been given by the 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.

An application for carer's benefit should be made eight weeks before the claimant intends to leave employment in order that his/her eligibility can be assessed prior to leaving employment. A late claim will be accepted for up to eight weeks after caring has commenced where an emergency caring situation has arisen and the claimant had to take up caring duties immediately. A claim later than eight weeks may be accepted at the discretion of the Deciding Officer where s/he considers there was good cause throughout the period of delay, but payment cannot be made in respect of a period more than 6 months prior to the date of claim.

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, on the other hand, the need for appropriate recognition to be given to cases of genuine hardship or difficulty.

With regard to the person to whom the Deputy refers, I have asked that the details of the particular case be re-examined and I will revert to the Deputy as soon as possible.