Valid reasons for backdating job seekers allowance
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.
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.
Factors to be considered in this context: In general it is usually easier to establish entitlement in the case of contributory and long-term schemes than in the case of non-contributory and short-term schemes. A claim for a related Social Welfare Payment Where a late claim is made by a person who is in receipt of a related Social Welfare Benefit/Allowance, the claim in payment may be accepted as a claim for the later social welfare payment.The primary legislative provisions governing claims and late claims are set out in Sections 241, 342 and 342A of the Social Welfare Consolidation Act 2005, as amended.See also Part 9, Chapter 1 of Social Welfare Consolidation Act 2005. 142 of 2007) as amended – Articles 179 to 191 and SI 695 of 2006.In practice this discretion is applied administratively by officers within each scheme.It may also be applied where one of the following conditions applies, subject to the circumstances of the case.