This involves initiating a claim on the person's behalf in Ireland, where relevant.
Instances arise where liaison action is not initiated by the relevant State.
This process is not backdating, it is what the law says must happen when you apply.
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.
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.
Similarly, a claim for a particular non-contributory payment is normally treated as a claim for an equivalent contributory payment if it transpires subsequently that there was a contributory entitlement.
In all such cases, the Officer must be satisfied that all other conditions governing the particular scheme were fulfilled.
In your request for backdating, you need to tell us the date you want to have your claim paid from and also the circumstances that prevented you from making your application earlier.
This would be for the period between when you want your award of Housing Benefit to start and when you actually make your claim.
In the above context, the possibility must always be considered that the delay was due to an undisclosed disqualification, or a means factor that no longer exists, or a condition of entitlement that was not fulfilled at the time.
However, where a reasonable explanation has been advanced as to why there was a delay in claiming, and there is no reason to believe that entitlement did not exist, the discretion to accept the other claim in lieu of the relevant claim should be applied.
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.