S.I. No. 670 of 2016

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Social Welfare (consolidated claims, payments and Control) (amendment) (no. 5) (prescribed time) Regulations 2016

(This note is not part of the Instrument and does not purport to be a legal interpretation.)


Section 241 of the Social Welfare Consolidation Act 2005 sets out the time and manner in which claims for various social welfare payments are to be made. Section 241(2) specifically 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 a period before such claim is made. Different periods are specified according to the nature of the different social welfare payment schemes.


The Paternity Leave and Benefit Act 2016 provides, inter alia, that paternity benefit can be paid at any time commencing on the date of the birth of the child (or placement in the case of an adoption) and ending not later than 28 weeks after that date.


Section 16 of the Social Welfare Act 2016 provides for regulatory making powers to allow the Minister to prescribe a specified time for making a paternity benefit claim. These Regulations prescribe that in the case of paternity benefit the specified time shall be the date on which, apart from satisfying the condition of making a claim, the claimant becomes entitled thereto. This means that, in order for a full payment of 2 weeks paternity benefit to be paid, the claim must be made within 26 weeks of the date of birth of the child or the date of placement.


Last modified:11/01/2017