Written answers
Wednesday, 10 April 2024
Department of Employment Affairs and Social Protection
State Pensions
Brendan Smith (Cavan-Monaghan, Fianna Fail)
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97. To ask the Minister for Employment Affairs and Social Protection if she will bring forward amending legislation to address the anomaly whereby retrospective payment to pension claimants is limited to six months, even though her Department has been in possession of all the facts relating to the claimants' eligibility from the date of pension application; and if she will make a statement on the matter. [15712/24]
Heather Humphreys (Cavan-Monaghan, Fine Gael)
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The governing social welfare legislation for backdating payments is contained in section 241 of the Social Welfare Consolidation Act, 2005 (as amended) and Article 186 of Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. 142 of 2007). This legislation specifies the rules regarding backdating for a range of payments.
The legislation provides for backdating of State pension (contributory) for 6 months from the date of receipt of the claim. Backdating of a late claim beyond 6 months may be considered in circumstances where the failure to claim arose as a result of - 1) incorrect information being supplied by the Department or 2) the claimant's incapacity by illness or infirmity to make a claim or have someone make a claim on their behalf.
It should be noted that any change to the legislation regarding backdating of payments would need to be considered in a wider policy context. Accordingly, there are currently no plans to amend the time allowed for backdating claims.
I hope this clarifies the matter for the Deputy.
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