Back dating tax credits
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.Examples of situations where entitlement can usually be proven: For instance, a late claim for Carer's Allowance would require clear and convincing evidence regarding means, that full-time care and attention was necessary and that the claimant was providing that full-time care and attention. A claim to Child Benefit may be accepted as a claim for a Child Dependant Increase or an Guardian's Payment (Contributory) or Guardian's Payment (Non-Contributory) , provided no doubt exists as to entitlement to the payment for the period in question and a reasonable explanation is given for the delay in claiming.The reason given for the claim not being made at the right time would also be examined in this context (see comments at B above). In the case of Guardian's payment (contributory) and Guardian's payment (non-contributory), a previous claim for the orphan as a qualified child on another social welfare payment may be accepted where the scheme conditions are fully satisfied. Previous contact with the Department Where it is established that an earlier interview with the person should have brought to notice the fact that entitlement to a personal rate payment (or Increase for Qualified Adult, Child Dependant Increase, Living Alone Allowance, etc.) existed, because the necessary information was then made available, and the Department did not act on it, the claim may be deemed to have been made at the time of that interview.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.
In all such cases, the Officer must be satisfied that all other conditions governing the particular scheme were fulfilled.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.When a claim for social welfare is made by a person in a relevant State, there is a legal onus on that State to take liaison action.In the case of certificates required for the purpose of obtaining Supplementary Welfare Allowance, no fee is payable.Where certificates have been obtained for a reduced fee, they are retained by the Department of Employment Affairs and Social Protection.