Back dating child benefit
This involves initiating a claim on the person's behalf in Ireland, where relevant.
Instances arise where liaison action is not initiated by the relevant State.
The Minister may accept a letter or other suitable form of notification, as satisfying the requirement of making a claim within the prescribed time.
Such decisions are not subject to the Social Welfare Appeals provisions because it is a Ministerial discretion.
A dissatisfied claimant may however request the decision to be reviewed, and the review should be carried out by an officer of higher rank than the person who made the decision. Previous claim or enquiry prior to legislative change If a legislative change gives entitlement on a previously refused claim, or where a previous enquiry elicited the information that there was then no entitlement, the earlier claim or enquiry may be accepted in lieu of a repeat claim from the date of implementation of the legislative change.
Similarly, where information was supplied on a claim form for a particular scheme that should have alerted the Department to the fact that the person was entitled to another DEASP scheme (e.g., where a claim for State Pension (Contributory), which is refused, provides information that the person may be entitled to Widow's Contributory Pension), the date of the earlier claim may be accepted as the date of claim for the appropriate entitlement.
There is a requirement under the legislation that persons must claim their entitlements within a specific period from the date their entitlement arises.