Social Welfare (Consolidated Payments Provisions) (Amendment) (No.8) (Late Claims) Regulations, 2000

• Jurisdiction: Ireland

The Minister for Social, Community and Family Affairs, in exercise of the powers conferred on him by sections 4, 205 (as amended by sections 11 and 14 of the Social Welfare Act, 2000 (No. 4 of 2000)), and 206 (as amended by section 35 of the Social Welfare Act, 1996 (No. 7 of 1996)) of the Social Welfare (Consolidation) Act, 1993 (No. 27 of 1993) hereby makes the following Regulations:
	Citation and construction.	1. (1) These Regulations may be cited as the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 8) (Late Claims) Regulations, 2000.
(2) These Regulations and the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 to 2000 shall be construed together as one and may be cited as the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 to 2000.
	Definition.	2. In these Regulations “the Principal Regulations” means the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 ( S.I. No. 417 of 1994 ).
	Payment of late claims.	3. The Principal Regulations are hereby amended by—
(a) the deletion in article 104 (inserted by the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 2) (Late Claims) Regulations, 1998 ( S.I. No. 55 of 1998 )), of sub-article (3),
(b) the insertion after article 104 of the following article:
“Payment of certain claims made after due date.
104A. (1) Where a claim in respect of any benefit is made in respect of any period which is greater than that allowed under section 205(2), the period in respect of which payment may be made before the date on which the claim is made, shall
(i) be extended, or
(ii) further extended in any case to which article 104 applies,
to a period calculated in accordance with this article, where it is shown to the satisfaction of a deciding officer or an appeals officer that the person was entitled to the benefit.
(2) In any case where the delay in making the claim is due to information given by an officer of the Minister to the person or a person appointed to act on his or her behalf, the period for which payment may be made shall be—
(a) the period between the date of claim and the date information was given by an officer of the Minister plus a period equal in duration to that allowed under section 205(2), or
(b) the period between the date of claim and the date entitlement commenced, or
(c) such part of the period referred to in paragraph (a) for which a person was entitled to the benefit, or
(d) such part of the period referred to in paragraph (b) for which the person was entitled to the benefit,
whichever is the shorter period.
(3) In any case where the delay in making the claim was due to a person being so incapacitated that he or she was unable to make a claim or appoint a person to act on his or her behalf, the period for which payment may be made shall be—
(a) the period for which such incapacity continued plus a period equal in duration to that allowed under section 205(2), or
(b) the period between the date of claim and the date entitlement commenced, or
(c) such part of the period referred to in paragraph (a) for which the person was entitled to the benefit, or
(d) such part of the period referred to in paragraph (b) for which the person was entitled to the benefit,
whichever is the shorter period,
Provided that when the person ceases to be so incapacitated the claim is made either before or within a period equal in duration to that for which payment is allowed under section 205(2).
(4) In any case where the delay in making the claim is due to a person...