Heather Humphreys (Cavan-Monaghan, Fine Gael)
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Paternity Benefit is payable for 2 weeks to employed and self-employed fathers who are on Paternity Leave from their employment and who satisfy certain PRSI conditions on their own insurance record. The leave can be taken within 26 weeks after the birth of the child.

The main provisions relating to Paternity Benefit are the Paternity Leave and Benefit Act 2016, Section 241(2)(e) and Section 241(3) of the Social Welfare (Consolidation) Act 2005 and Section 186 of the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007.

All claims that are received after the time allowed under section 241(2) of the Social Welfare Consolidation Act 2005, are considered Late Claims.

Provision is made under legislation to allow payment of a late claim where there was “good cause” for the delay in submitting a claim.

Section 186 of The Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 also allows for payment of certain claims made after the due date for the following reasons:

• In any case where the delay in making a claim is due to information given by an officer of the Minister to the person or a person appointed to act on his or her behalf.
• In any case where the delay in making a claim was due to a person being so incapacitated that she/he was unable to make a claim or appoint a person to act on her/his behalf.

The person's claim was received on 16 November 2023 in respect of his child born on 17 February 2023. He was given the opportunity to explain the reasons for his late application and he responded that it was a ‘complete oversight’ on his part.

The deciding officer found that the reason given for the late application did not meet the threshold of ‘good cause’, nor does it fall under Section 186.

I trust this clarifies the matter.