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It is a condition of a person's right to any payment that he or she makes a claim for the specific payment in the manner set out in regulations (Article 179 of SI 142 of 2007) and satisfies the Department of his or her identity.The usual requirement is that the claimant must complete and sign the appropriate application form and ensure that it is submitted to the relevant section of the Department of Employment Affairs and Social Protection (DEASP) within a specified period of becoming entitled to the payment.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.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.

The officer should also consider the reason for the delay in claiming.If, however, the person was invited by the Department to claim the relevant payment at the correct time and did not do so, exercise of this discretion would not normally be warranted. A Claim by a Qualified Adult Where a Qualified Adult on a spouse's social welfare payment subsequently claims an entitlement in his/her own right for the same period, the discretion may be used to accept the claim for Increase for Qualified Adult (IQA) in lieu of the later claim.The Officer must again be satisfied (with a reasonable level of certainty) that all other conditions governing the particular scheme were fulfilled.The main regulatory provisions with regard to claims are Legislation contained in Chapter 1 of Part 7 of the Social Welfare (Consolidated Claims, Payments and Control) Regulations (S. Previously - SI 55 of 1998, SI 159 of 2000 and SI 160 of 2000.Note: See also references to claims and late claims within separate guidelines dealing with the individual schemes.

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