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.
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.
Instances arise where liaison action is not initiated by the relevant State.It is a condition of a person's right to any payment that he or she makes a claim for the specific payment in the manner set out in regulations (Article 179 of SI 142 of 2007) and satisfies the Department of his or her identity.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.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.In addition to making a formal claim, the person is also required to provide all relevant information and to furnish any relevant documents which are requested to substantiate the claim.He or she may also be interviewed at home or be required to attend at a local office of the Department for interview.Again, this is more easily established in contributory schemes where entitlement is mainly dependent on social insurance contributions and other verifiable conditions.Example: Existing claims for: ** The Social Welfare and Pensions Act 2011 discontinues the State Pension (Transition) for new claimants with effect from 1 January 2014.In practice this discretion is applied administratively by officers within each scheme.It may also be applied where one of the following conditions applies, subject to the circumstances of the case.