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.
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.
If, however, the person was invited by the Department to claim the relevant payment at the correct time and did not do so, exercise of this discretion would not normally be warranted. A Claim by a Qualified Adult Where a Qualified Adult on a spouse's social welfare payment subsequently claims an entitlement in his/her own right for the same period, the discretion may be used to accept the claim for Increase for Qualified Adult (IQA) in lieu of the later claim.
The Officer must again be satisfied (with a reasonable level of certainty) that all other conditions governing the particular scheme were fulfilled.
The main regulatory provisions with regard to claims are Legislation contained in Chapter 1 of Part 7 of the Social Welfare (Consolidated Claims, Payments and Control) Regulations (S. Previously - SI 55 of 1998, SI 159 of 2000 and SI 160 of 2000.
Note: See also references to claims and late claims within separate guidelines dealing with the individual schemes.
Similarly, a claim for a particular non-contributory payment is normally treated as a claim for an equivalent contributory payment if it transpires subsequently that there was a contributory entitlement.
In all such cases, the Officer must be satisfied that all other conditions governing the particular scheme were fulfilled.
This standardises the State Pension age at 66 years for all applicants.
The officer should also consider the reason for the delay in claiming.
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.