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Posted by / 21-Oct-2020 14:13

In such instances, if the person later applies for a social welfare payment in Ireland, it may be possible under EU Regulations or Bilateral Agreement legislation to accept the claim in the other relevant State as a claim for a similar type of payment in Ireland.This will allow, where appropriate, backdating of the claim to the date of the earlier claim in the relevant State.

See also Part 9, Chapter 1 of Social Welfare Consolidation Act 2005. 142 of 2007) as amended – Articles 179 to 191 and SI 695 of 2006.

Under EU Regulations and bilateral agreement legislation governing social welfare payments, a claim made in any State covered by the legislation (a relevant State) may be regarded as a claim for a similar type of payment in Ireland.

When a claim for social welfare is made by a person in a relevant State, there is a legal onus on that State to take liaison action.

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.

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In practice this discretion is applied administratively by officers within each scheme.

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