(This note is not part of the Instrument and does not purport to be a legal interpretation.)
Section 241 of the 2005 Consolidation Act sets out the time and manner in which claims for various social welfare payments are to be made. Subsection (2) of section 241 further provides that where a person fails to make a claim for a social welfare payment within a prescribed time, then he or she will be disqualified for receiving payment for more than a specified period before such claim is made. Different periods are specified according to the nature of the different social welfare payment schemes.
In the case of long-term contributory pensions such as the State pension (contributory), the State pension (transition), the widow/er’s and surviving civil partner’s (contributory) pension schemes and the guardian’s payment (contributory), payment was allowed to be backdated for up to 12 months before the claim was made.
These Regulations provide for limiting the period for backdating such payments to 6 months. Article 3 provides that the new backdating provisions will apply to claims for State Pension Transition made on or after 5 April 2012, and for claims for the other relevant pensions and payments made on or after 6 April 2012.
These Regulations also provide for a minor technical amendment to the provision relating to the prescribed time for making a claim for domiciliary care allowance with effect from the commencement of these Regulations