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.
This standardises the State Pension age at 66 years for all applicants.
The officer should also consider the reason for the delay in claiming.
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.
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 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 the above context, the possibility must always be considered that the delay was due to an undisclosed disqualification, or a means factor that no longer exists, or a condition of entitlement that was not fulfilled at the time.
However, where a reasonable explanation has been advanced as to why there was a delay in claiming, and there is no reason to believe that entitlement did not exist, the discretion to accept the other claim in lieu of the relevant claim should be applied.
This period is usually referred to as 'the prescribed time' - see paragraph 3.4 below.