S.I. No. 269/2025 - Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 3) (Provisional Allowance of Claim) Regulations 2025

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 24th June, 2025.

I, DARA CALLEARY, Minister for Social Protection, in exercise of the powers conferred on me by section 4 (amended by section 14 and reference 1 of the Schedule to the Social Welfare (Miscellaneous Provisions) Act 2024 (No. 24 of 2024)) and subsection (8) of section 241 of the Social Welfare Consolidation Act 2005 (No. 26 of 2005), hereby make the following Regulations:

Citation and Construction

1. (1) These Regulations may be cited as the Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 3) (Provisional Allowance of Claim) Regulations 2025.

(2) These Regulations and the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 to 2025 shall be construed together as one and may be cited together as the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 to 2025.

Provisional allowance of claim

2. Article 184 of the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 ( S.I. No. 142 of 2007 ) is amended by the substitution of “6 months” for “3 months” in each place that it occurs.

GIVEN under my Official Seal,

19 June, 2025.

DARA CALLEARY,

Minister for Social Protection.

EXPLANATORY NOTE

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

Article 184 of the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 provides for the provisional allowance of a claim for State Pension (Non-Contributory) where a deciding officer is satisfied that a claimant, who claims State Pension (Non-Contributory) less than 3 months prior to the date of eligibility, (the claimant’s 66th birthday) is likely to be entitled to the pension. In such circumstances, the deciding officer may allow the claim provisionally so that it takes effect on a date not more than 3 months from the date of their decision.

These Regulations amend article 184, to extend from 3 months to 6 months, the period before the date of eligibility in which a claim may be made for State Pension (Non-Contributory) and in such circumstances allows for the provisional allowance of the claim by the deciding officer so as to take effect on the appropriate date.

These amendments to article 184 dovetail with the amendments to article 182 in respect of State Pension (Contributory) carried in the Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 12) (Prescribed Time for Making Claim) Regulations 2024 ( S.I. No. 584 of 2024 ) which increased the prescribed time in which to make a claim for State Pension (Contributory) from 3 to 6 months.