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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.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.Similarly, if the change in legislation results in an increase in the existing rate of payment, the existing claim will be accepted as constituting a claim for an increase.
In all such cases, the Officer must be satisfied that all other conditions governing the particular scheme were fulfilled.
Such decisions are not subject to the Social Welfare Appeals provisions because it is a Ministerial discretion.
A dissatisfied claimant may however request the decision to be reviewed, and the review should be carried out by an officer of higher rank than the person who made the decision. Previous claim or enquiry prior to legislative change If a legislative change gives entitlement on a previously refused claim, or where a previous enquiry elicited the information that there was then no entitlement, the earlier claim or enquiry may be accepted in lieu of a repeat claim from the date of implementation of the legislative change.
While the legislation is specific in relation to the requirement that a claim be made, article 179 of SI 142 of 2007 (as amended)allows the Minister discretion in regard to what may be accepted as constituting a valid claim.
The Minister may accept a letter or other suitable form of notification, as satisfying the requirement of making a claim within the prescribed time.