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Backdating a claim

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.

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.

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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.

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).

In the case of certificates required for the purpose of obtaining Supplementary Welfare Allowance, no fee is payable.

As a result, some of the elements on this page may not behave as you might expect.

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.

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