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Again, this is more easily established in contributory schemes where entitlement is mainly dependent on social insurance contributions and other verifiable conditions.

Example: Existing claims for: ** The Social Welfare and Pensions Act 2011 discontinues the State Pension (Transition) for new claimants with effect from 1 January 2014.

In practice this discretion is applied administratively by officers within each scheme.

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Similarly, where information was supplied on a claim form for a particular scheme that should have alerted the Department to the fact that the person was entitled to another DEASP scheme (e.g., where a claim for State Pension (Contributory), which is refused, provides information that the person may be entitled to Widow's Contributory Pension), the date of the earlier claim may be accepted as the date of claim for the appropriate entitlement.

There is a requirement under the legislation that persons must claim their entitlements within a specific period from the date their entitlement arises.

In addition to making a formal claim, the person is also required to provide all relevant information and to furnish any relevant documents which are requested to substantiate the claim.

He or she may also be interviewed at home or be required to attend at a local office of the Department for interview.

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.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.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.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.

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