{"id":19819,"date":"2022-10-31T20:51:45","date_gmt":"2022-10-31T20:51:45","guid":{"rendered":"https:\/\/legalblog.ie\/?p=19819"},"modified":"2024-04-08T20:49:04","modified_gmt":"2024-04-08T20:49:04","slug":"claims","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/claims\/","title":{"rendered":"Claims"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><ul class='ez-toc-list-level-3' ><li class='ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/claims\/#Claim_Required\" title=\"Claim Required\">Claim Required<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/claims\/#Particular_Claims\" title=\"Particular Claims\">Particular Claims<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/claims\/#Time_Limits\" title=\"Time Limits\">Time Limits<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/claims\/#Backdating\" title=\"Backdating\">Backdating<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/claims\/#Decision\" title=\"Decision\">Decision<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/claims\/#Dual_Claims\" title=\"Dual Claims\">Dual Claims<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/claims\/#Disqualification\" title=\"Disqualification\">Disqualification<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/claims\/2\/#SWCA_2005\" title=\"SWCA 2005\">SWCA 2005<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/claims\/2\/#Definition\" title=\"Definition.\">Definition.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/claims\/2\/#Claims_and_Payments_ss_241-246\" title=\"Claims and Payments (ss. 241-246)\">Claims and Payments (ss. 241-246)<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/claims\/2\/#Claims\" title=\"Claims.\">Claims.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-12\" href=\"https:\/\/legalblog.ie\/claims\/2\/#Payments\" title=\"Payments.\">Payments.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-13\" href=\"https:\/\/legalblog.ie\/claims\/2\/#Payment_in_respect_of_loss_of_purchasing_power\" title=\"Payment in respect of loss of purchasing power.\">Payment in respect of loss of purchasing power.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-14\" href=\"https:\/\/legalblog.ie\/claims\/2\/#Payment_to_persons_other_than_claimant_or_beneficiary\" title=\"Payment to persons other than claimant or beneficiary.\">Payment to persons other than claimant or beneficiary.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-15\" href=\"https:\/\/legalblog.ie\/claims\/2\/#Information_to_be_supplied_by_claimants_and_beneficiaries_for_profiling_and_activation_purposes\" title=\"Information to be supplied by claimants and beneficiaries for profiling and activation purposes.\">Information to be supplied by claimants and beneficiaries for profiling and activation purposes.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-16\" href=\"https:\/\/legalblog.ie\/claims\/2\/#Statutory_declarations\" title=\"Statutory declarations.\">Statutory declarations.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-17\" href=\"https:\/\/legalblog.ie\/claims\/2\/#Provision_with_respect_to_habitual_residence\" title=\"Provision with respect to habitual residence.\">Provision with respect to habitual residence.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-18\" href=\"https:\/\/legalblog.ie\/claims\/2\/#Provisions_Relating_to_Entitlement_ss_247-249\" title=\"Provisions Relating to Entitlement (ss. 247-249)\">Provisions Relating to Entitlement (ss. 247-249)<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-19\" href=\"https:\/\/legalblog.ie\/claims\/2\/#Avoidance_of_multiple_payments\" title=\"Avoidance of multiple payments.\">Avoidance of multiple payments.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-20\" href=\"https:\/\/legalblog.ie\/claims\/2\/#Disqualification_for_benefit_while_participating_in_certain_employment_programmes\" title=\"Disqualification for benefit while participating in certain employment programmes.\">Disqualification for benefit while participating in certain employment programmes.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-21\" href=\"https:\/\/legalblog.ie\/claims\/2\/#Disqualification_from_certain_payments_while_participating_in_Community_Employment\" title=\"Disqualification from certain payments while participating in Community Employment.\">Disqualification from certain payments while participating in Community Employment.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-22\" href=\"https:\/\/legalblog.ie\/claims\/2\/#Disqualification_from_receipt_of_benefit_where_identity_not_authenticated\" title=\"Disqualification from receipt of benefit where identity not authenticated.\">Disqualification from receipt of benefit where identity not authenticated.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-23\" href=\"https:\/\/legalblog.ie\/claims\/2\/#Disqualification_from_certain_payments_where_person_is_resident_in_designated_accommodation_centre\" title=\"Disqualification from certain payments where person is resident in designated accommodation centre.\">Disqualification from certain payments where person is resident in designated accommodation centre.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-24\" href=\"https:\/\/legalblog.ie\/claims\/2\/#Payments_after_death\" title=\"Payments after death.\">Payments after death.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-25\" href=\"https:\/\/legalblog.ie\/claims\/2\/#Absence_from_State_or_imprisonment\" title=\"Absence from State or imprisonment.\">Absence from State or imprisonment.<\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Claim_Required\"><\/span>Claim Required<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>It is a condition of social welfare benefits that an application is made in the prescribed format.\u00a0 In some cases, the application must be made within a certain time period.\u00a0 A person cannot simply rely on his or her entitlement and accrue benefits pending making the claim.\u00a0 Where the claim is not made within a certain time limit, there may be disqualification for a particular period.<\/p>\n<p>Prescribed forms of application apply under the regulation.\u00a0 The Department may accept applications in writing and social welfare officers will assist in relation to the application.\u00a0 Where a claim is made for one type of payment, the Department officers will generally treat it as a claim for related payments to which the applicant may be entitled.<\/p>\n<p>In relation to particular types of claims, it may \u00a0be necessary to submit certain proofs such as birth certificates, death certificate and other information or proof.\u00a0 In the case of contribution-based payments, the relevant prescribed social insurance contributions must be available.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Particular_Claims\"><\/span>Particular Claims<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The 2010 Act provides for the declaration of unemployment by way of electronic communication for the purposes of claiming Jobseeker\u2019s Benefit and Jobseeker\u2019s Allowance<\/p>\n<p>In the case of job seekers benefit, jobseeker&#8217;s allowance, family income supplement, and the state non-contributory pension, the prescribed time for making the claim is the first date of entitlement and no payment will be made for the pre-claim period.<\/p>\n<p>In case of disability allowance and illness benefit, the claim must be made within seven days of first entitlement.\u00a0 The claims may only relate to periods commencing \u00a0seven days before the claims.<\/p>\n<p>In the case of contributory state pension and \u00a0widower&#8217;s contributory pension, the claim must be made within three months of entitlement and thereafter. Periods more than 12 months prior to the claim are disallowed.\u00a0 The claim periods are different for each payment.<\/p>\n<p>The 2015 Act\u00a0 provide for a range of consequential amendments to the Social Welfare Consolidation Act 2005 arising from the introduction of the Back to Work Family Dividend scheme. References to the Back to Work Family Dividend are made in various general provisions of the Consolidation Act relating to<\/p>\n<ul>\n<li>making claims for and paying social welfare payments,<\/li>\n<li>the powers of social welfare inspectors to investigate claims for social welfare payments,<\/li>\n<li>the powers of deciding officers and appeals officers to make decisions and revised decisions in relation to claims for social welfare payments,<\/li>\n<li>overpayments and the recovery of overpayments, and<\/li>\n<li>the exemption of social welfare payments for means test purposes.<\/li>\n<\/ul>\n<h3><span class=\"ez-toc-section\" id=\"Time_Limits\"><\/span>Time Limits<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>There are prescribed periods in which an application must be made for each type of payment. \u00a0If the application is made outside that period, then part or all of the pre-claim period made if this allowed.\u00a0 The rules vary for each type of payment.<\/p>\n<p>The time limits may be extended where there is good reason and certain other ground.\u00a0 The good reason must apply during the period concerned but even in such cases the extent of backdating is limited generally to 6 months.<\/p>\n<p>Lack of knowledge of the entitlement is not usually regarded as sufficient. If, however, a \u00a0person is advised incorrectly by the Department itself, this may be sufficient ground.\u00a0 In some cases, it may not be reasonable for him to rely on advice and he may be obliged to make further enquiries in which event, there may otherwise \u00a0not be good cause.<\/p>\n<p>In certain cases where incorrect advice is given, in the case of certain payments, the claim may be backdated to commencement of entitlement or the date on which incorrect information was given by the Department. A retrospective \u00a0claim may also be permitted if a person was unable to make the claim. However, illness and disability per se will not be sufficient.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Backdating\"><\/span>Backdating<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Backdating may be permitted where the delay is due to circumstances beyond the claimant&#8217;s control.\u00a0 The circumstances must be overriding and the force majeure itself must be the cause of the failure to make the application.\u00a0 The application must be made upon expiry of the force majeure.<\/p>\n<p>Backdating may be permitted where a person has financial indebtedness that cannot be financed form \u00a0current income and hardship would otherwise arise.<\/p>\n<p>In the case of contributory long-term payments, an additional allowance may be made over and above the limitation on a retrospective claim.\u00a0 This reflects the entitlement based on social insurance.\u00a0 However, a proportion of the period prior to 12 months is disallowed.\u00a0 The percentage paid diminishes, tapers down considerably.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Decision\"><\/span>Decision<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A deciding officer may revise a decision in relation to a payment if it appears the original decision was wrong or if new facts or circumstances emerge or have been brought to his attention.\u00a0 Where decision is revised due to the original decision having been based on a false statement which was false or misleading to the knowledge of the person making it or by reason of wilful concealment of a material fact, the review takes effect retrospectively.<\/p>\n<p>The original decision may be allowed to stand for the period where the false statement or wilful concealment was not operative.\u00a0 If the person might reasonably be expected to be aware of the relevant facts, the deciding officer may conclude that he was so aware and decide accordingly. Where by reason of a revised decision, benefits are repayable, the \u00a0claimant is legally obliged to repay the sum concerned.<\/p>\n<p><span lang=\"EN-GB\" style=\"font-size: 11.0pt; line-height: 150%; font-family: 'Arial',sans-serif; color: black;\">The 2018 Act provided for the automatic award of benefits by electronic applications where it is to the benefit of the claimant, an increase in the National Training Fund levy, an amendment to the Civil Registration Acts in relation to the term of office of an tArd-Chl\u00e1raitheoir and his or her Deputy, and an amendment to the Pensions Acts to provide a right of entitlement, in certain circumstances, to spousal pension benefits for same-sex spouses and civil partners who are members of occupational pension schemes<\/span><\/p>\n<p><span lang=\"EN-GB\" style=\"font-size: 11.0pt; line-height: 150%; font-family: 'Arial',sans-serif; color: black;\">The 2018 Act provided that decisions to award a social welfare benefit or payment which is to the benefit of a claimant can be made by an automated information system. It also provides that decisions which deny entitlement to a benefit or payment must in all cases be made by a Deciding Officer. The date on which this provision comes into force was to be set by Commencement Order.<\/span><\/p>\n<h3><span class=\"ez-toc-section\" id=\"Dual_Claims\"><\/span>Dual Claims<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>In certain cases, there may be entitlement to two payments simultaneously.\u00a0 Where two principal income maintenance benefits are payable simultaneously, the (overlapping) regulations generally provide that only one payment is made.<\/p>\n<p>Some benefits of their nature are supplemental, and the so-called overlapping rules do not apply to them.\u00a0 The regulations provide which payments may be paid together.\u00a0 In some cases, there is an entitlement to concurrent payments for a limited period or at a reduced amount.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Disqualification\"><\/span>Disqualification<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Persons imprisoned are generally disqualified from receiving social insurance and social welfare payments. An absolute disqualification applies to jobseekers&#8217; allowance, disability and other means tested benefits while imprisoned or detained in legal custody. \u00a0The provision does not apply to persons detained under the criminal law (insanity) act.\u00a0 It does not apply to imprisonment pending trial where the person is subsequently acquitted or the charge is withdrawn.<\/p>\n<p>Where a person is disqualified by being in prison, payment or part of the payment may be made to such other persons as the Department permits such as dependent et cetera.<\/p>\n<p><!--nextpage--><\/p>\n<h2>SWCA 2005<\/h2>\n<p>Preliminary (s. 240)<br \/>\n240.<\/p>\n<h4>Definition.<\/h4>\n<p>Except where otherwise provided, in this Part &#8211;<\/p>\n<p>&#8220;benefit&#8221; means &#8211;<br \/>\n(a)any benefit described in section 39(1),<br \/>\n(aa)the cost of medical care under section 86,<br \/>\n(b)any assistance described in section 139(1),<br \/>\n(c)child benefit,<br \/>\n(d)[deleted]<br \/>\n(e)carer&#8217;s support grant,<br \/>\n(f)working family payment,<br \/>\n(g)continued payment for qualified children,<br \/>\n(ga)back to work family dividend, or<br \/>\n(h)EU payments within the meaning of Part 8.<\/p>\n<p>Chapter 1<\/p>\n<h4>Claims and Payments (ss. 241-246)<\/h4>\n<p>241.<\/p>\n<h4>Claims.<\/h4>\n<p>(1)It shall be a condition of any person&#8217;s right to any benefit that he or she &#8211;<\/p>\n<p>(a)makes a claim for that benefit in the prescribed manner, and<\/p>\n<p>(b)satisfies the Minister as to his or her identity.<\/p>\n<p>(1A)[deleted]<\/p>\n<p>(1B)[deleted]<\/p>\n<p>(1C)For the purposes of satisfying himself or herself as to the identity of a person who makes a claim for benefit, the Minister may, without prejudice to any other method of authenticating the identity of that person, request that person &#8211;<\/p>\n<p>(a)to attend at an office of the Minister or such other place as the Minister may designate as appropriate,<\/p>\n<p>(b)to provide to the Minister, at that office or other designated place, such information and to produce any document to the Minister as the Minister may reasonably require for the purposes of authenticating the identity of that person,<\/p>\n<p>(c)to allow a photograph or other record of an image of that person to be taken, at that office or other designated place, in electronic form, for the purposes of the authentication, by the Minister, at any time, of the identity of that person, and<\/p>\n<p>(d)to provide, at that office or other designated place, a sample of his or her signature in electronic form for the purposes of the authentication, by the Minister, at any time, of the identity of that person.<\/p>\n<p>(1D)The Minister shall retain in electronic form &#8211;<\/p>\n<p>(a)any photograph or other record of an image of a person taken pursuant to subsection (1C) (c), and<\/p>\n<p>(b)any signature provided pursuant to subsection (1C) (d),<\/p>\n<p>in such manner that allows such photograph, other record or signature to be reproduced by electronic means.<\/p>\n<p>(2)Where a person fails to make a claim for benefit (including any increases of that benefit) within the prescribed time, he or she shall be disqualified for payment &#8211;<\/p>\n<p>(a)in the case of State pension (contributory), State pension (transition), widow&#8217;s (contributory) pension, widower&#8217;s (contributory) pension, surviving civil partner\u2019s (contributory) pension or guardian\u2019s payment (contributory), in respect of any period more than 6 months before the date on which the claim is made,<\/p>\n<p>(aa)in the case of medical care, in respect of any period more than 12 months before the date on which the claim is made,<\/p>\n<p>(b)in the case of invalidity pension, in respect of any period more than 6 months before the date on which the claim is made,<\/p>\n<p>(ba)in the case of partial capacity benefit &#8211;<\/p>\n<p>(i)where the claim is made before the person commences employment, in respect of any period more than 13 weeks before such commencement, or<\/p>\n<p>(ii)where the claim is made after the person commences employment, in respect of any period more than 3 weeks after such commencement,<\/p>\n<p>(c)in the case of jobseeker\u2019s benefit, jobseeker\u2019s benefit (self-employed), Covid-19 pandemic unemployment payment, health and safety benefit, adoptive benefit, paternity benefit, parent&#8217;s benefit, occupational injuries benefit (other than disablement benefit under section 75, an increase in disablement benefit under sections 77 and 78 or death benefit by way of pension under sections 81, and 83), carer&#8217;s benefit, bereavement grant, widowed or surviving civil partner grant, jobseeker\u2019s allowance, pre-retirement allowance, State pension (non-contributory), blind pension, widow&#8217;s (non-contributory) pension, widower&#8217;s (non-contributory) pension, surviving civil partner\u2019s (non-contributory) pension, guardian\u2019s payment (non-contributory), one-parent family payment, carer&#8217;s allowance, farm assist, working family payment and back to work family dividend, in respect of any period before the date on which the claim is made,<\/p>\n<p>(d)in the case of illness benefit, or disability allowance, in respect of any period more than 7 days before the date on which the claim is made,<\/p>\n<p>(e)in the case of maternity benefit &#8211;<\/p>\n<p>(i)where the claim is made before the end of the week of confinement, in respect of any period before the beginning of the week in which the claim is made,<\/p>\n<p>(ii)where the claim is made after the end of the week of confinement, in respect of any period before the beginning of the 7th week before the week in which the claim is made not being earlier than the beginning of the week of confinement,<\/p>\n<p>and<\/p>\n<p>(f)in the case of disablement benefit under section 75, an increase in disablement benefit under section 77 or 78 or death benefit by way of pension under section 81, or 83, in respect of any period more than 3 months before the date on which the claim is made.<\/p>\n<p>(2A)In the case of a claim for &#8211;<\/p>\n<p>(a)State pension (transition) made before 5 April 2012, or<\/p>\n<p>(b)State pension (contributory), widow&#8217;s (con-tributory) pension, widower&#8217;s (contributory) pension, surviving civil partner&#8217;s (contributory) pension and guardian&#8217;s payment (contributory) made before 6 April 2012,<\/p>\n<p>subsection (2)(a) shall be read as if &#8217;12 months&#8217; were substituted for &#8216;6 months&#8217;.<\/p>\n<p>(3)Notwithstanding paragraphs (c), (d), (e) and (f) of subsection (2), in the case of a benefit to which those paragraphs apply, where a claimant proves to the satisfaction of a deciding officer or an appeals officer that &#8211;<\/p>\n<p>(a)on a date earlier than the date on which his or her claim for benefit (including any increase of benefit) was made, apart from satisfying the condition of making a claim, the claimant was entitled to benefit, and<\/p>\n<p>(b)throughout the period between the earlier date and the date on which his or her claim was made there was good cause for the delay in making a claim,<\/p>\n<p>he or she shall not be disqualified for receiving payment in respect of any such period referred to in paragraph (a) which does not exceed 6 months before the date on which the claim is made.<\/p>\n<p>(4)A person who fails to make a claim for child benefit within the prescribed time shall be disqualified for payment in respect of any day before the date on which the claim is made unless a deciding officer or appeals officer is satisfied that there was good cause for delay in making the claim, in which case, child benefit shall be payable from the first day of the month following that in which the claimant became a qualified person within the meaning of section 220.<\/p>\n<p>(4A)<\/p>\n<p>(a)A person who fails to make a claim for domiciliary care allowance within the prescribed time shall be disqualified for payment in respect of any day before the first day of the month following the day on which the claim is made.<\/p>\n<p>(b)Notwithstanding paragraph (a), where a deciding officer or an appeals officer is satisfied that &#8211;<\/p>\n<p>(i)on a date earlier than the first day of the month following the day on which the claim was made, apart from satisfying the condition of making a claim, the person became a qualified person within the meaning of section 186D(1) (inserted by section 15 of the Social Welfare and Pensions Act 2008), and<\/p>\n<p>(ii)throughout the period between the earlier date and the date on which the claim was made there was good cause for the delay in making the claim,<\/p>\n<p>the person shall not be disqualified for receiving payment of domiciliary care allowance in respect of any such period referred to in subparagraph (i) which does not exceed 6 months before the first day of the month following the date on which the claim is made.<\/p>\n<p>(5)A claimant for illness benefit or injury benefit, who fails or neglects for a period exceeding 6 months to submit or to continue to submit medical or other satisfactory evidence of the incapacity, shall be disqualified for receiving benefit in respect of any such period but where a deciding officer or an appeals officer is satisfied that there was good cause for delay in submitting or continuing to submit evidence of incapacity, the deciding officer or appeals officer may extend the period of 6 months to the date on which the evidence is submitted.<\/p>\n<p>(6)Where a person fails to make a claim for carer&#8217;s support grant or continued payment for qualified children within the prescribed time, he or she shall be disqualified for receiving that payment.<\/p>\n<p>(7)Notwithstanding subsection (2), the periods specified in that subsection in respect of which payment may be made before the date on which a claim is made may, subject to the conditions and in the circumstances that may be prescribed, be extended by a deciding officer or an appeals officer, as the case may be.<\/p>\n<p>(8)Regulations may provide for provisionally allowing a claim for benefit before the date on which the claimant will actually become entitled to that benefit, in the manner and subject to the conditions that may be prescribed.<\/p>\n<p>(9)For the purposes of this Act, any claim or notice made or sent by post or by any other method is deemed to have been made or given on the date of receipt of the claim or notice by an officer of the Minister.<\/p>\n<p>242.<\/p>\n<h4>Payments.<\/h4>\n<p>(1)Regulations may provide for &#8211;<\/p>\n<p>(a)the time and manner of payment of benefit,<\/p>\n<p>(b)the information and evidence to be given by a claimant or beneficiary &#8211;<\/p>\n<p>(i)when applying for payment of benefit, or<\/p>\n<p>(ii)when there has been a change in the circumstances of the claimant or beneficiary which may affect the payment of the benefit concerned,<\/p>\n<p>and,<\/p>\n<p>(c)the payment of specified benefits through a payment service provider.<\/p>\n<p>(2)Regulations made under this section as to the time of payment of benefit may provide &#8211;<\/p>\n<p>(a)notwithstanding anything contained in this Act &#8211;<\/p>\n<p>(i)in the case of specified benefits (other than child benefit), for adjusting the commencement and termination of that benefit, or for changes in the rate of that benefit, so that payments shall not be made in respect of periods less than a week or at different rates for different parts of a week,<\/p>\n<p>(ii)in the case of child benefit, for adjusting the commencement and termination of that benefit, or for changes in the rate of that benefit, so that payments shall not be made at different rates for different parts of a month,<\/p>\n<p>(b)for extinguishing the right to any sum payable by way of benefit where payment of that benefit is not obtained within 6 months or any shorter period that may be prescribed from the time at which that sum is receivable in accordance with regulations.<\/p>\n<p>(3)Notwithstanding this Act, regulations may provide for payment of benefit, in the circumstances and subject to the conditions and for the periods that may be prescribed, to a claimant or beneficiary who has attained pensionable age.<\/p>\n<p>(4)Subject to subsection (5), a person presenting for payment of benefit on his or her own behalf shall satisfy the Minister, an officer of the Minister or a payment service provider, as the case may be, as to his or her identity by furnishing &#8211;<\/p>\n<p>(a)his or her public services card, or<\/p>\n<p>(b)a card that has been issued to the person by the Minister under section 264 and such other information or documentation as the Minister, an officer of the Minister or a payment service provider, as the case may be, may reasonably require for the purposes of authenticating the identity of that person.<\/p>\n<p>(5)The Minister may make arrangements with a payment service provider in respect of the payment of benefit to such class of persons as the Minister may determine and such arrangements may include the furnishing by the Minister of information or documentation to the payment service provider for the purposes of authenticating the identity of any such persons presenting to the payment service provider pursuant to the arrangement.<\/p>\n<p>(6)A person presenting for payment of benefit on behalf of another person (in this section referred to as the &#8216;other person&#8217;) shall furnish to the Minister, an officer of the Minister or a payment service provider, as the case may be &#8211;<\/p>\n<p>(a)where the person has been nominated in that behalf in accordance with regulations made under section 244(1)(a) &#8211;<\/p>\n<p>(i)evidence that he or she has been so nominated by the other person to receive the benefit on behalf of the other person,<\/p>\n<p>(ii)the public services card issued to the other person or a card issued to the other person by the Minister under section 264, and<\/p>\n<p>(iii)such other information or documentation as the Minister, an officer of the Minister or a payment service provider, as the case may be, may reasonably require for the purposes of authenticating the identity of the nominated person,<\/p>\n<p>or<\/p>\n<p>(b)where the person has been appointed in that behalf in accordance with regulations made under section 244(1)(b) &#8211;<\/p>\n<p>(i)the public services card issued to the other person or a card issued to the other person by the Minister under section 264, and<\/p>\n<p>(ii)such other information or documentation as the Minster, an officer of the Minister or a payment service provider, as the case may be, may reasonably require for the purposes of authenticating the identity of the appointed person.<\/p>\n<p>(7)Where a person fails to comply with subsection (4) or (6), payment of benefit may be withheld until such time as the identity of the person is authenticated.<\/p>\n<p>(8)The information or documentation provided by the Minister under subsection (5) may be recorded or retained by a payment service provider for the purposes of this section.<\/p>\n<p>(9)The information or documentation furnished by a person under subsection (4) or (6) may be recorded or retained by the Minister, an officer of the Minister or a payment service provider.<\/p>\n<p>243.<\/p>\n<h4>Payment in respect of loss of purchasing power.<\/h4>\n<p>(1)Where a person makes a claim for any benefit in accordance with section 241 and the payment of that claim is delayed for a period exceeding 12 months due solely or mainly to circumstances within the control of the Department of Social and Family Affairs and the person has not contributed to the delay, regulations may provide for a payment to be made in respect of the loss of purchasing power, subject to the conditions and in the circumstances that may be prescribed.<\/p>\n<p>(2)In the case of a person to whom subsection (1) applies, the Minister may make regulations to provide for payment of an amount of costs, subject to the minimum and maximum limits that may be prescribed, actually and necessarily incurred by that person.<\/p>\n<p>244.<\/p>\n<h4>Payment to persons other than claimant or beneficiary.<\/h4>\n<p>(1)Regulations may provide &#8211;<\/p>\n<p>(a)for enabling a person to whom benefit is payable to nominate another person to receive that benefit on his or her behalf, subject to such conditions and in such circumstances as are prescribed,<\/p>\n<p>(b)for &#8211;<\/p>\n<p>(i)enabling a person to be appointed to exercise, on behalf of a claimant or beneficiary who &#8211;<\/p>\n<p>(I)is under 16 years of age, or<\/p>\n<p>(II)is certified by a registered medical practitioner to be a person who is or is likely soon to become unable for the time being to manage his or her own financial affairs,<\/p>\n<p>any right or power otherwise exercisable under this Act by the claimant or beneficiary, and<\/p>\n<p>(ii)subject to such conditions and in such circumstances as are prescribed for assuring the personal welfare of the claimant or beneficiary, authorising a person so appointed to receive and deal with any sum payable by way of benefit on behalf, and for the benefit, of the claimant or beneficiary,<\/p>\n<p>(c)where it appears to the Minister that the circumstances so warrant, for enabling, subject to such conditions and in such circumstances as are prescribed, a person to be appointed to receive and deal with on behalf of a claimant or beneficiary &#8211;<\/p>\n<p>(i)in respect of illness benefit, jobseeker\u2019s benefit, jobseeker\u2019s benefit (self-employed), injury benefit, State pension (contributory), State pension (transition), invalidity pension, jobseeker\u2019s allowance, farm assist, pre-retirement allowance, State pension (non-contributory), blind pension or disability allowance, so much of the benefit, pension, assistance or allowance, as the Minister considers reasonable in the circumstances but in no case shall the amount to be received and dealt with as provided for in this subparagraph exceed the total amount payable less the amount payable by virtue of section 43 (1), 66 (1), 76 (1), 112 (1), 117 (1), 122 (1), 142 (1) (b) (i), 150 (1) (a), 157 (1) (a), 211 (1) (a) or 215 (1) (a), as appropriate,<\/p>\n<p>(ii)in respect of widow&#8217;s (contributory) pension widower\u2019s (contributory) pension or surviving civil partner\u2019s (contributory) pension so much of the pension as is payable by virtue of section 127 (1), or in respect of one-parent family payment, so much of the payment as is payable in respect of a qualified child by virtue of section 174 (1),<\/p>\n<p>(iii)in respect of disablement pension, domiciliary care allowance, child benefit or working family payment, so much of the pension, allowance, benefit or supplement as the Minister considers reasonable in the circumstances, and<\/p>\n<p>(iv)in respect of supplementary welfare allowance, so much of the allowance as the Minister considers reasonable in the circumstances, and<\/p>\n<p>(d)in connection with the death of any person, for enabling a claim for benefit to be made or proceeded with in the person&#8217;s name, subject to the conditions that may be prescribed.<\/p>\n<p>(2)Regulations may also provide that probate or other proof of title of the personal representative of any deceased person may be dispensed with in the case of payment of any sum representing benefit, and that in any such case the sum may be paid to or distributed among the persons appearing in the manner provided by the regulations to be entitled to receive that sum or any part of that sum, either as being persons beneficially entitled to that sum under any testamentary instrument or as next of kin, or as being creditors of the deceased person, or to or among any one or more of those persons excluding the others.<\/p>\n<p>(3)Regulations under this section may make provision for the powers exercisable by, and the obligations of, persons appointed to receive and deal with sums payable by way of benefit, including, in particular, an obligation to account for sums so received.<\/p>\n<p>244A.<\/p>\n<h4>Information to be supplied by claimants and beneficiaries for profiling and activation purposes.<\/h4>\n<p>(1)The Minister may prescribe information and the nature and form of such information to be furnished by a claimant or beneficiary where the Minister forms the opinion that the furnishing of that information would assist &#8211;<\/p>\n<p>(a)a deciding officer, bureau officer, a designated person or any other person who makes a decision in relation to a claim for, or the payment of, benefit in deciding whether &#8211;<\/p>\n<p>(i)a claimant is entitled to make a claim for benefit or to receive any benefit, or<\/p>\n<p>(ii)a beneficiary is entitled to continue to receive any benefit, or<\/p>\n<p>(b)in assessing the training, education or development needs appropriate to the circumstances of the claimant or beneficiary.<\/p>\n<p>(2)For the purposes of the information to be furnished by a claimant or beneficiary under subsection (1), different types and forms of information may be prescribed in relation to &#8211;<\/p>\n<p>(a)different classes of claimants or beneficiaries, or<\/p>\n<p>(b)different benefits.<\/p>\n<p>245.<\/p>\n<h4>Statutory declarations.<\/h4>\n<p>Regulations prescribing a form of application for any purpose may require that all or any of the statements made by the claimant in the form be verified by a statutory declaration and that the statutory declaration may be taken and received by a deciding officer or by any other officer of the Minister or any other person authorised by the Minister in that behalf.<\/p>\n<p>246.<\/p>\n<h4>Provision with respect to habitual residence.<\/h4>\n<p>(1)A requirement, in any of the provisions specified in subsection (3), for a person to be habitually resident in the State means that &#8211;<\/p>\n<p>(a)the person must be habitually resident in the State at the date of the making of the application, and the person must remain habitually resident in the State after the making of that application in order for any entitlement to subsist,<\/p>\n<p>(b)the person is a worker or a self-employed person, residing in the State pursuant to article 7 of Directive 2004\/38\/EC of the European Parliament and of the Council of 29 April 2004 , from &#8211;<\/p>\n<p>(i)a Member State, or<\/p>\n<p>(ii)a member state of the European Economic Area,<\/p>\n<p>(c)the person is a family member of a person referred to in paragraph (b),<\/p>\n<p>(d)where a person referred to in paragraph (b) ceases to be such a worker or such a self-employed person, the person must be habitually resident in the State immediately after the date of such cessation, and must remain habitually resident in the State in order for any entitlement to subsist, or<\/p>\n<p>(e)where a person referred to in paragraph (b) ceases to be such a worker or such a self-employed person, a family member of such a person must be habitually resident in the State immediately after the date of such cessation, and the family member must remain habitually resident in the State in order for any entitlement to subsist.<\/p>\n<p>(2)[deleted]<\/p>\n<p>(3)The provisions of this Act referred to in subsection (1) are sections 141(9), 153(c), 161A(d), 163(3), 168(5), 173(6), 180(2), 186A(2), 186D(1), 192, 210(9), 220(3) and 238B(5).<\/p>\n<p>(4)A deciding officer or a designated person, when determining whether a person is habitually resident in the State for the purposes of this Act, shall take into consideration all the circumstances of the case including, in particular, the following:<\/p>\n<p>(a)the length and continuity of residence in the State or in any other particular country;<\/p>\n<p>(b)the length and purpose of any absence from the State;<\/p>\n<p>(c)the nature and pattern of the person&#8217;s employment;<\/p>\n<p>(d)the person&#8217;s main centre of interest; and<\/p>\n<p>(e)the future intentions of the person concerned as they appear from all the circumstances.<\/p>\n<p>(5)Notwithstanding subsections (1) to (4) and subject to subsection (9), a person who does not have a right to reside in the State shall not, for the purposes of this Act, be regarded as being habitually resident in the State.<\/p>\n<p>(6)The following persons shall, for the purpose of subsection (5), be taken to have a right to reside in the State:<\/p>\n<p>(a)an Irish citizen under the Irish Nationality and Citizenship Acts 1956 to 2004;<\/p>\n<p>(b)a person who has the right under the European Communities (Free Movement of Persons) Regulations 2015 (S.I. No. 548 of 2015) to enter and reside in the State or is deemed under those Regulations to be lawfully resident in the State;<\/p>\n<p>(c)a person in relation to whom a refugee declaration within the meaning of the Act of 2015 is in force, or is deemed under that Act to be in force;<\/p>\n<p>(ca)a person in relation to whom a subsidiary protection declaration within the meaning of the Act of 2015 is in force, or is deemed under that Act to be in force;<\/p>\n<p>(d)a person who has been given, or is deemed under the Act of 2015 to have been given, a permission to enter and reside in the State under section 56 of that Act, where the permission concerned is in force;<\/p>\n<p>(da)a person who has been given, or is deemed under the Act of 2015 to have been given, a permission to reside in the State under section 57 of that Act, where the permission concerned is in force;<\/p>\n<p>(e)a person who is a programme refugee within the meaning of section 59 of the Act of 2015 or is deemed to be a programme refugee under subsection (4) of that section;<\/p>\n<p>(f)a person who has been given, or is deemed under the Act of 2015 to have been given, a permission to reside in the State under section 54 of that Act, where the permission concerned is in force;<\/p>\n<p>(g)[deleted]<\/p>\n<p>(h)a person whose presence in the State is in accordance with a permission to be in the State given by or on behalf of the Minister for Justice, Equality and Law Reform under and in accordance with section 4 or 5 of the Immigration Act 2004;<\/p>\n<p>(i)a person who has been given a permission to reside in the State under section 60(6) of the Act of 2015, where the permission concerned is in force.<\/p>\n<p>(7)The following persons shall not be regarded as being habitually resident in the State for the purpose of this Act:<\/p>\n<p>(a)a person who has made an application under section 8 of the Act of 1996 and where the Minister for Justice, Equality and Law Reform has not yet made a decision as to whether a declaration under section 17 of the Act of 1996 will be given in respect of such application;<\/p>\n<p>(aa)an applicant within the meaning of section 16 of the Act of 2015, or a person deemed to have made an application under that Act;<\/p>\n<p>(b)an applicant within the meaning of the Regulations of 2013, or any other person awaiting a grant of permission to reside in the State under Regulation 23, 25 or 26 of the Regulations of 2013;<\/p>\n<p>(c)a person who has been notified under section 3 (3) (a) of the Immigration Act 1999 that the Minister for Justice, Equality and Law Reform proposes to make a deportation order, whether or not that person has made representations under section 3(3) (b) of that Act, and where the Minister for Justice, Equality and Law Reform has not yet made a decision as to whether a deportation order is to be made in respect of such person;<\/p>\n<p>(d)a person who has made an application under section 8 of the Act of 1996 which has been refused by the Minister for Justice, Equality and Law Reform;<\/p>\n<p>(da)a person who has made, or is deemed under the Act of 2015 to have made, an application under section 15 of that Act which has been refused by the Minister for Justice and Equality;<\/p>\n<p>(e)a person &#8211;<\/p>\n<p>(i)whose application for subsidiary protection under Regulation 4 or 16 of the Regulations of 2006 has been refused, or whose permission under Regulation 4 or 16 of the Regulations of 2006 has been revoked,<\/p>\n<p>(ii)whose application under Regulation 3 of the Regulations of 2013 for a subsidiary protection declaration has been refused, or whose subsidiary protection declaration has been revoked, under the Regulations of 2013, or<\/p>\n<p>(iii)whose application under Regulation 25 or 26 of the Regulations of 2013 has been refused, or whose permission under Regulation 25 or 26 of the Regulations of 2013 has been revoked;<\/p>\n<p>(f)a person in relation to whom a deportation order has been made, or has been deemed under section 51 of the Act of 2015 to have been made, under section 3(1) of the Immigration Act 1999.<\/p>\n<p>(8)For the purpose of this Act, where a person &#8211;<\/p>\n<p>(a)is given, or deemed under the Act of 2015 to be given, a refugee declaration under that Act,<\/p>\n<p>(b)is given, or deemed under the Act of 2015 to be given, a permission to enter and reside in the State under section 56 of that Act,<\/p>\n<p>(ba)is given, or deemed under the Act of 2015 to be given, a permission to reside in the State under section 57 of that Act,<\/p>\n<p>(c)is given, or deemed under the Act of 2015 to be given, a subsidiary protection declaration under that Act, or<\/p>\n<p>(d)[deleted]<\/p>\n<p>(e)is granted permission to remain in the State under and in accordance with the Immigration Act 2004,<\/p>\n<p>he or she shall not be regarded as being habitually resident in the State for any period before the date on which the declaration or permission concerned was given or granted as the case may be and, in the case of a declaration or permission deemed to be given, for any period before the date on which the declaration or permission concerned was originally given.<\/p>\n<p>(9)Notwithstanding that a person has, or is taken to have in accordance with subsection (6), a right to reside in the State the determination as to whether that person is habitually resident in the State shall be made in accordance with subsections (1) and (4).<\/p>\n<p>(10)In this section &#8211;<\/p>\n<p>&#8216;Act of 1996&#8217; means the Refugee Act 1996;<\/p>\n<p>&#8216;Act of 2015&#8217; means the International Protection Act 2015;<\/p>\n<p>&#8216;Regulations of 2006&#8217; means the European Communities (Eligibility for Protection) Regulations 2006 ( S.I. No. 518 of 2006);<\/p>\n<p>&#8216;Regulations of 2013&#8217; means the European Union (Subsidiary Protection) Regulations 2013 (S.I. No. 426 of 2013).<\/p>\n<p>Chapter 2<\/p>\n<h4>Provisions Relating to Entitlement (ss. 247-249)<\/h4>\n<p>247.<\/p>\n<h4>Avoidance of multiple payments.<\/h4>\n<p>(1)Where, but for this subsection, more than one of the following would be payable to or in respect of a person in respect of the same period, only one shall be paid &#8211;<\/p>\n<p>(a)any benefit specified in section 39(1) other than death benefit by way of a grant in respect of funeral expenses, bereavement grant or widowed or surviving civil partner grant, or<\/p>\n<p>(b)any assistance specified in section 139(1) other than a payment under section 186A, domiciliary care allowance, supplementary welfare allowance or widowed or surviving civil partner grant.<\/p>\n<p>(2)Where, but for this subsection, more than one of the following would be payable to or in respect of a qualified child in respect of the same period, only one shall be paid &#8211;<\/p>\n<p>(a)any benefit specified in section 39 (1) other than death benefit by way of a grant in respect of funeral expenses, bereavement grant or widowed or surviving civil partner grant,<\/p>\n<p>(b)any assistance specified in section 139(1) other than domiciliary care allowance, supplementary welfare allowance or widowed or surviving civil partner grant,<\/p>\n<p>(c)[deleted]<\/p>\n<p>(d)any increase in a benefit referred to in paragraph (a) in respect of a qualified adult,<\/p>\n<p>(e)any increase in assistance referred to in paragraph (b) in respect of a qualified adult,<\/p>\n<p>(f)any increase in a benefit referred to in paragraph (a) in respect of a qualified child, or<\/p>\n<p>(g)any increase in assistance referred to in paragraph (b) in respect of a qualified child.<\/p>\n<p>(2A)For the purposes of this Act, where &#8211;<\/p>\n<p>(a)a payment is made to or in respect of a person and in respect of a benefit referred to in subsection (1)(a) or any assistance referred to in subsection (1)(b) (whether subsection (1) applies to the payment of such benefit or assistance or otherwise), and<\/p>\n<p>(b)during the same period, the person referred to in paragraph (a) is a person to whom a payment specified in subsection (2B) would be payable to or in respect of an orphan,<\/p>\n<p>nothing in this Act shall prevent the payment of the benefit or assistance referred to in paragraph (a) being paid to a person referred to in that paragraph where, during the same period, that person is a person referred to in paragraph (b) to whom a payment referred to in that paragraph would also be made.<\/p>\n<p>(2B)The payments referred to in subsection (2A)(b) are &#8211;<\/p>\n<p>(a)guardian&#8217;s payment (contributory),<\/p>\n<p>(b)guardian&#8217;s payment (non-contributory), or<\/p>\n<p>(c)death benefit by way of pension under section 83.<\/p>\n<p>(3)For the purposes of this section any payment specified in subsection (1)(a) or (b) payable in respect of a person shall be regarded as such specified payment payable to that person.<\/p>\n<p>(3A)Notwithstanding subsections (1) and (2) and subject to subsection (3B), where disablement benefit and any benefit described in section 39(1) (including any increase thereof) or assistance described in section 139(1) (including any increase thereof) would be payable to or in respect of a person in respect of the same period, both such payments may be paid to or in respect of that person in respect of that period.<\/p>\n<p>(3B)For the purposes of subsection (3A), disablement benefit shall not include an increase &#8211;<\/p>\n<p>(a)on account of incapacity by virtue of section 77,<\/p>\n<p>(b)in respect of a qualified adult or a qualified child, by virtue of section 76,<\/p>\n<p>(c)in respect of constant attendance by virtue of section 78, other than where a benefit, as described in section 39(1), is payable.<\/p>\n<p>(4)Notwithstanding subsections (1) and (2), the Minister may make regulations enabling more than one of the payments specified in those subsections to be paid to or in respect of a person in respect of the same period.<\/p>\n<p>(5)Regulations made under subsection (4) may provide for reducing the amount of any payments specified in subsections (1) and (2) (including the partial payment of any such payments).<\/p>\n<p>(5A)A payment under section 186A shall not be payable where a person is in receipt of more than one payment by virtue of regulations made under subsection (4).<\/p>\n<p>(6)Where, but for this subsection, working family payment and &#8211;<\/p>\n<p>(a)partial capacity benefit,<\/p>\n<p>(b)jobseeker&#8217;s benefit,<\/p>\n<p>(c)jobseeker&#8217;s benefit (self-employed),<\/p>\n<p>(d)carer&#8217;s benefit,<\/p>\n<p>(e)jobseeker&#8217;s allowance,<\/p>\n<p>(f)carer&#8217;s allowance, or<\/p>\n<p>(g)farm assist,<\/p>\n<p>would be payable to or in respect of a person in respect of the same period, only one shall be paid.<\/p>\n<p>(7)Where, but for this subsection, working family payment would be payable to a person in a period of incapacity for work in respect of which illness benefit or injury benefit is also payable to that person, working family payment shall not be payable to that person for that part of the period of incapacity for work which exceeds 6 weeks.<\/p>\n<p>(8)Where a continued payment for qualified children under Part 7 is payable to a person for any period, any child who is regarded as a qualified child of that person shall not, for that period, be regarded as a qualified child for the purposes of entitling any person to an increase in benefit or assistance under this Act.<\/p>\n<p>(9)In the case of a person who is participating in an initiative administered by the Minister and known as Back to Work Allowance and who is not entitled to, or in receipt of, working family payment, any sums paid by way of a continued payment for qualified children under Part 7 shall be treated as paid on account of the allowance payable under the Back to Work Allowance initiative.<\/p>\n<p>(10)Where in respect of the death of a person, a bereavement grant and death benefit by way of a grant in respect of funeral expenses would, but for this subsection, be payable, only one such grant shall be payable.<\/p>\n<p>(11)Regulations may provide for treating any payment specified in subsection (1) or (2), which it is subsequently decided was not payable, as paid on account of any other payment specified in those subsections which it is decided was payable.<\/p>\n<p>(12)Where a person is in receipt of an invalidity pension under this Act by virtue of the application of Articles 38 and 39 of Regulation (EEC) No. 1408\/71 of the Council of the European Communities and subsequently becomes entitled to a survivor\u2019s pension or old age pension from another Member State under Chapter 3 of that Regulation, the person\u2019s entitlement to invalidity pension under this Act shall, notwithstanding anything contained in that Regulation, be reduced only within the limit of the amount of that survivor\u2019s pension or old age pension.<\/p>\n<p>247A.<\/p>\n<h4>Disqualification for benefit while participating in certain employment programmes.<\/h4>\n<p>A person shall be disqualified for receiving &#8211;<\/p>\n<p>(a)any benefit specified in section 39(1), other than death benefit by way of a grant in respect of funeral expenses, bereavement grant or widowed parent grant, or<\/p>\n<p>(b)any assistance specified in section 139(1), other than a widowed parent grant,<\/p>\n<p>(c)[deleted]<\/p>\n<p>during any week or part of a week while he or she is engaged by another person to carry out work or perform any duty or service pursuant to a placement under the scheme referred to in section 298A(1) (b) (inserted by section 16 of the Social Welfare and Pensions Act 2011).<\/p>\n<p>247B.<\/p>\n<h4>Disqualification from certain payments while participating in Community Employment.<\/h4>\n<p>(1)A person shall be disqualified from receiving &#8211;<\/p>\n<p>(a)any benefit specified in section 39(1), other than &#8211;<\/p>\n<p>(i)disablement benefit payable in accordance with section 75,<\/p>\n<p>(ii)death benefit by way of a grant in respect of funeral expenses,<\/p>\n<p>(iii)bereavement grant, and<\/p>\n<p>(iv)widowed or surviving civil partner grant,<\/p>\n<p>(b)an increase, payable under section 77, in disablement pension on account of incapacity, and<\/p>\n<p>(c)any assistance specified in section 139(1), other than &#8211;<\/p>\n<p>(i)a weekly or monthly payment payable in accordance with section 198,<\/p>\n<p>(ii)supplementary welfare allowance in so far as it relates to the payment of that allowance in accordance with section 200, 201, 202 or 206, and<\/p>\n<p>(iii)a widowed or surviving civil partner grant,<\/p>\n<p>(d)[deleted]<\/p>\n<p>for any week or part of a week during which he or she is employed under a scheme provided by the Minister and known as Community Employment.<\/p>\n<p>(2)Subsection (1) shall not apply to a person receiving any benefit, increase, assistance or allowance specified in paragraphs (a) to (c) of subsection (1) while he or she is employed under a Community Employment scheme where the period of employment under that Community Employment scheme commenced before 16 January 2012.<\/p>\n<p>247C.<\/p>\n<h4>Disqualification from receipt of benefit where identity not authenticated.<\/h4>\n<p>(1)The Minister may give notice to any person receiving a benefit requesting the person, at the time specified in the notice, to satisfy the Minister as to his or her identity.<\/p>\n<p>(2)A person shall be disqualified from receiving any benefit, including any increase in that benefit, for any week or part of a week, commencing after the time specified in the notice under subsection (1), or any time thereafter as may be determined by the Minister and notified to the person, during which that person fails to satisfy the Minister as to his or her identity.<\/p>\n<p>(3)A notice under subsection (1) may require the person to whom it is given to do one or more than one of the following, as the Minister considers appropriate, at the time specified in the notice, or at any time thereafter as may be determined by the Minister and notified to the person:<\/p>\n<p>(a)attend at an office of the Minister or such other place as the Minister may designate as appropriate;<\/p>\n<p>(b)provide to the Minister, at that office or other designated place, such information and to produce any document to the Minister as the Minister may reasonably require for the purposes of authenticating the identity of that person;<\/p>\n<p>(c)allow a photograph or other record of an image of that person to be taken, at that office or other designated place, in electronic form, for the purposes of the authentication, by the Minister, at any time, of the identity of that person;<\/p>\n<p>(d)provide, at that office or other designated place, a sample of his or her signature in electronic form for the purposes of the authentication, by the Minister, at any time, of the identity of that person.<\/p>\n<p>(4)The Minister shall retain in electronic form &#8211;<\/p>\n<p>(a)any photograph or other record of an image of a person taken under subsection (3) (c), and<\/p>\n<p>(b)any signature provided under subsection (3) (d),<\/p>\n<p>in such manner that allows such photograph, other record or signature to be reproduced by electronic means.<\/p>\n<p>(5)This section shall not be construed as preventing the Minister from using a method of authentication of the identity of a person in receipt of benefit, other than a method referred to in this section, which the Minister considers appropriate to use.<\/p>\n<p>247D.<\/p>\n<h4>Disqualification from certain payments where person is resident in designated accommodation centre.<\/h4>\n<p>(1)A person who has been given a permission to reside in the State under section 60(6) of the Act of 2015, which permission is valid, shall be disqualified from receiving any assistance specified in section 139(1), other than supplementary welfare allowance, in so far as it relates to the payment of that allowance in accordance with section 201 or 202, for any week or part of a week during which he or she is resident in a designated accommodation centre.<\/p>\n<p>(2)In this section &#8211;<\/p>\n<p>&#8216;Act of 2015&#8217; means the International Protection Act 2015;<\/p>\n<p>&#8216;designated accommodation centre&#8217; has the same meaning as it has in section 60 of the Act of 2015.<\/p>\n<p>248.<\/p>\n<h4>Payments after death.<\/h4>\n<p>(1)In this section &#8211;<\/p>\n<p>&#8220;benefit&#8221; means &#8211;<br \/>\n(a)illness benefit,<br \/>\n(b)jobseeker\u2019s benefit,<br \/>\n(ba)jobseeker\u2019s benefit (self-employed),<br \/>\n(bb)Covid-19 pandemic unemployment payment,<br \/>\n(c)injury benefit,<br \/>\n(d)carer&#8217;s benefit,<br \/>\n(e)State pension (contributory),<br \/>\n(f)State pension (transition),<br \/>\n(g)invalidity pension,<br \/>\n(h)jobseeker\u2019s allowance,<br \/>\n(i)State pension (non-contributory),<br \/>\n(j)blind pension,<br \/>\n(k)incapacity supplement,<br \/>\n(l)supplementary welfare allowance,<br \/>\n(m)pre-retirement allowance,<br \/>\n(n)disability allowance,<br \/>\n(o)farm assist,<br \/>\n(p)widow\u2019s (contributory) pension, widower\u2019s (contributory) pension or surviving civil partner\u2019s (contributory) pension,<br \/>\n(q)one-parent family payment,<br \/>\n(r)death benefit under section 81,<br \/>\n(s)carer&#8217;s allowance,<br \/>\n(t)working family payment,<br \/>\n(u)back to work family dividend;<\/p>\n<p>&#8220;relevant person&#8221; has the meaning given to it by section 99(1) or, as appropriate, section 179(1).<\/p>\n<p>(2)Notwithstanding any provisions to the contrary in this Act &#8211;<\/p>\n<p>(a)where a person who is in receipt of a benefit dies, and &#8211;<\/p>\n<p>(i)he or she was receiving an increase in respect of a qualified adult, or<\/p>\n<p>(ii)his or her spouse, civil partner or cohabitant is in receipt of a benefit in his or her own right,<\/p>\n<p>payment of the deceased person&#8217;s benefit shall, subject to such conditions as may be prescribed, continue to be made for 6 weeks after his or her death and shall be paid, as the case may be, to the deceased person&#8217;s qualified adult, spouse, civil partner or cohabitant,<\/p>\n<p>(b)where a qualified child, in respect of whom an increase of a benefit is being paid, dies, the amount of the increase shall continue to be made for 6 weeks after the date of death,<\/p>\n<p>(c)where a person is in receipt of one-parent family payment by virtue of having not more than one qualified child and that qualified child dies, payment of the one-parent family payment including the increase in respect of that child shall continue to be made for 6 weeks after the date of death of the qualified child,<\/p>\n<p>(d)where a qualified adult in respect of whom an increase of benefit is being paid, dies, payment of the increase shall continue to be made for 6 weeks after the date of death,<\/p>\n<p>(e)where a person is in receipt of carer&#8217;s benefit and the relevant person in respect of whom that carer is providing full-time care and attention dies, payment of the carer&#8217;s benefit shall continue to be made for 6 weeks after the death of the relevant person,<\/p>\n<p>(ea)where a person is in receipt of carer&#8217;s allowance and the relevant person in respect of whom that carer is providing full-time care and attention dies, payment of the carer&#8217;s allowance shall continue to be made for 12 weeks after the death of the relevant person,<\/p>\n<p>(eb)where a person is in receipt of domiciliary care allowance and the qualified child for the purpose of the payment of that allowance dies, payment of the domiciliary care allowance shall continue to be made for 3 months after the death of the child,<\/p>\n<p>(ec)where a person is in receipt of parent&#8217;s benefit and the child in respect of whom that person is providing or assisting with his or her care dies, payment of the parent&#8217;s benefit shall continue to be made,<\/p>\n<p>(ed)where a person who is in receipt of working family payment dies, that payment shall continue to be paid, as the case may be, to his or her spouse, civil partner or cohabitant for 6 weeks (or for the remainder of the 52 week period provided for in accordance with section 230, whichever is the lesser) after the date of death of the deceased person,<\/p>\n<p>(ee)where a person who is in receipt of back to work family dividend dies, that payment shall continue to be paid, as the case may be, to his or her spouse, civil partner or cohabitant for 6 weeks (or for the remainder of the 104 week period provided for in accordance with section 238C, whichever is the lesser) after the date of death of the deceased person,<\/p>\n<p>(ec)[deleted]<\/p>\n<p>(ed)[deleted]<\/p>\n<p>(f)in any case where payment is made by virtue of paragraph (a), (d), (ed) or (ee), entitlement to widow&#8217;s (contributory) pension, widower&#8217;s (contributory) pension, surviving civil partner&#8217;s (contributory) pension, widow&#8217;s (non-contributory) pension, widower&#8217;s (non-contributory) pension, surviving civil partner&#8217;s (non-contributory) pension, guardian&#8217;s payment (contributory), guardian&#8217;s payment (non-contributory), death benefit under section 81 or 83 or entitlement to one-parent family payment by virtue of being a widow or widower, shall not begin until after the end of the period of 6 weeks mentioned in paragraph (a), (d), (ed) or (ee) except and to the extent that regulations otherwise provide.<\/p>\n<p>249.<\/p>\n<h4>Absence from State or imprisonment.<\/h4>\n<p>(1)Except where regulations otherwise provide, a person shall be disqualified for receiving any benefit under Part 2 (including any increase of benefit) for any period during which that person &#8211;<\/p>\n<p>(a)is absent from the State, or<\/p>\n<p>(b)is undergoing, imprisonment or detention in legal custody.<\/p>\n<p>(1A)A person shall not be regarded as undergoing detention in legal custody for the purposes of entitlement to disability allowance while the person is detained for treatment pursuant to &#8211;<\/p>\n<p>(a)an admission order or renewal order made under the Mental Health Act 2001,<\/p>\n<p>(b)an order made under section 38 of the Health Act 1947,<\/p>\n<p>(c)an order made under section 4 or section 5 of the Criminal Law (Insanity) Act 2006,<\/p>\n<p>(d)an order made under section 17 of the Lunacy (Ireland) Act 1821, or<\/p>\n<p>(e)an order made under section 2 of the Trial of Lunatics Act 1883.<\/p>\n<p>(2)Except where regulations otherwise provide, where any benefit under Part 2 to which a person is entitled includes an increase in respect of a qualified adult, that increase shall not be payable for any period during which the qualified adult &#8211;<\/p>\n<p>(a)is absent from the State, or<\/p>\n<p>(b)is undergoing imprisonment or detention in legal custody.<\/p>\n<p>(3)Regulations may provide for the suspension of payment to or in respect of any person during any period mentioned in subsection (1) or (2) which is excepted from the operation of that subsection or which is payable otherwise than in respect of that period.<\/p>\n<p>(4)Notwithstanding a disqualification by virtue of subsection (1) for receiving a benefit which includes an increase, the increase shall, in the cases that may be prescribed, be paid to the prescribed person.<\/p>\n<p>(5)Regulations for the purposes of this section may be so framed as to make payment of bereavement grant, invalidity pension, State pension (transition) and widowed or surviving civil partner grant, subject to any specified conditions, limitations or restrictions and, in particular, in the case of persons absent from the State, may modify the periods which may be regarded for the purposes of section 114 as periods of retirement.<\/p>\n<p>(6)A person shall be disqualified for receipt of jobseeker\u2019s allowance, pre-retirement allowance, supplementary welfare allowance, disability allowance or farm assist (including any increase in such allowance or assistance) while he or she is &#8211;<\/p>\n<p>(a)resident, whether temporarily or permanently, outside the State, or<\/p>\n<p>(b)undergoing, imprisonment or detention in legal custody.<\/p>\n<p>(6A)Where a person is entitled to jobseeker&#8217;s allowance, pre-retirement allowance, supplementary welfare allowance, disability allowance or farm assist and such allowance or assistance includes an increase in respect of a qualified adult, that increase shall not be payable for any period during which the qualified adult is &#8211;<\/p>\n<p>(a)resident, whether temporarily or permanently, outside the State, or<\/p>\n<p>(b)undergoing imprisonment or detention in legal custody.<\/p>\n<p>(7)Subject to subsection (8), a sum shall not be paid on account of a State pension (non-contributory) or blind pension to any person while absent from the State.<\/p>\n<p>(8)Where a person who takes up or has taken up residence in Northern Ireland was, immediately before the commencement of that residence, in receipt of State pension (non-contributory) or blind pension, payment of the pension may, notwithstanding anything contained in subsection (7), be made until the earlier of &#8211;<\/p>\n<p>(a)the expiration of 5 years from the beginning of that residence during which the person was continuously resident in Northern Ireland, or<\/p>\n<p>(b)the receipt by the person of a payment by way of old age pension or public assistance from the appropriate authority in Northern Ireland.<\/p>\n<p>(9)Where a person has been convicted of any offence and ordered to be imprisoned without the option of a fine or to suffer any greater punishment, the person shall be disqualified for receiving or continuing to receive State pension (non-contributory) or blind pension while he or she is detained in prison in consequence of the order.<\/p>\n<p>(10)Except where regulations otherwise provide, a person shall be disqualified for receiving widow&#8217;s (non-contributory) pension, widower&#8217;s (non-contributory) pension, surviving civil partner\u2019s (non-contributory) pension, deserted wife&#8217;s allowance, prisoner&#8217;s wife&#8217;s allowance or one-parent family payment, (including, in the case of one-parent family payment, any increase for a qualified child) for any period during which he or she is undergoing, imprisonment or detention in legal custody.<\/p>\n<p>(11)Regulations may provide for the suspension of payment of pension or allowance, as the case may be, to or in respect of any beneficiary during any period mentioned in subsection (10) which is excepted from the operation of that subsection or which is payable otherwise than in respect of that period.<\/p>\n<p>(12)Notwithstanding a disqualification by virtue of subsection (10) for receiving a one-parent family payment, an increase in respect of a qualified child, shall, in the cases that may be prescribed, be paid to the prescribed person.<\/p>\n<p>(13)<\/p>\n<p>(a)Where during any period a person is resident outside the State:<\/p>\n<p>(i)a pension shall not be granted to or in respect of that person;<\/p>\n<p>(ii)if a pension has been granted to or in respect of that person, no sum shall be payable during that period on account of that pension.<\/p>\n<p>(b)Nothing in paragraph (a) shall operate to prevent, in the case of a person resident for any period outside the State &#8211;<\/p>\n<p>(i)a pension being granted to or in respect of that person where a claim for that pension was made before that person became so resident, or<\/p>\n<p>(ii)a pension granted by virtue of paragraph (a) being paid for any period before (but not after) that person became so resident, or<\/p>\n<p>(iii)any arrears of a pension granted to or in respect of that person (being arrears due for a period before that person became so resident) being paid.<\/p>\n<p>(c)In this subsection &#8220;pension&#8221; means a widow&#8217;s (non-contributory) pension, widower&#8217;s (non-contributory) pension, a surviving civil partner\u2019s (non-contributory) pension or guardian\u2019s payment (non-contributory).<\/p>\n<p>(14)A person shall be disqualified for receiving one-parent family payment, deserted wife&#8217;s allowance and prisoner&#8217;s wife&#8217;s allowance while he or she is resident, whether temporarily or permanently, outside the State.<\/p>\n<p>(15)Child benefit shall be paid only within the State.<\/p>\n<p>(17)A person is disqualified for receipt of domiciliary care allowance &#8211;<\/p>\n<p>(a)while the person is undergoing a period of imprisonment or detention in legal custody, and<\/p>\n<p>(b)except where regulations otherwise provide, while the person is resident, whether temporarily or permanently, outside the State.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-19819\" data-postid=\"19819\" class=\"themify_builder_content themify_builder_content-19819 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Claim Required It is a condition of social welfare benefits that an application is made in the prescribed format.\u00a0 In some cases, the application must be made within a certain time period.\u00a0 A person cannot simply rely on his or her entitlement and accrue benefits pending making the claim.\u00a0 Where the claim is not made [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[283],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/19819"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=19819"}],"version-history":[{"count":14,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/19819\/revisions"}],"predecessor-version":[{"id":35066,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/19819\/revisions\/35066"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=19819"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=19819"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=19819"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}