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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.
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.
Similarly, if the change in legislation results in an increase in the existing rate of payment, the existing claim will be accepted as constituting a claim for an increase.
Factors to be considered in this context: In general it is usually easier to establish entitlement in the case of contributory and long-term schemes than in the case of non-contributory and short-term schemes. A claim for a related Social Welfare Payment Where a late claim is made by a person who is in receipt of a related Social Welfare Benefit/Allowance, the claim in payment may be accepted as a claim for the later social welfare payment.
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.
The usual requirement is that the claimant must complete and sign the appropriate application form and ensure that it is submitted to the relevant section of the Department of Employment Affairs and Social Protection (DEASP) within a specified period of becoming entitled to the payment.
This period is usually referred to as 'the prescribed time' - see paragraph 3.4 below.
For the purposes of satisfying identity, the Claimant may be asked to: Where a claimant for any Social Welfare Benefit or Assistance (excluding Supplementary Welfare Allowance) is required to produce Birth, Marriage or Death certificates, these may be purchased for a reduced fee (currently €1.00) from the General Register Office or Superintendent Registrar's Office (one located in each county).
The primary legislative provisions governing claims and late claims are set out in Sections 241, 342 and 342A of the Social Welfare Consolidation Act 2005, as amended.
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.