Case Studies » Child Benefit » Child Benefit - Case from 2017 Annual Report (ref: 2017/02)

Background: The appellant had been in receipt of Child Benefit up to 2013 when she temporarily moved to Australia. She returned to Ireland in June 2014 but only submitted an application for Child Benefit in February 2017. She was awarded Child Benefit from March 2017 and requested that her payment be back-dated to cover the period June 2014 to February 2017.

Consideration: Social Welfare legislation provides that a person who fails to make a claim for Child Benefit within the prescribed time shall be disqualified for payment in respect of any day before the date on which the claim is made. This legislation, however, does allow for the backdating of a Child Benefit claim where it is accepted that there was good cause for the delay in making the claim and where entitlement throughout the period in question is established.

The appellant stated that the reasons for the delay in submission of her claim was the volume of information and paperwork requested for both the Child Benefit form and the habitual residency questionnaire she had to complete. She stated that she experienced difficulty in gathering specific information and documents which were both valid and up to date. She also stated that she and her husband had a number of significant life events that contributed to the difficulty in obtaining all of the requested information for the application including: settling into new jobs, transitioning their child into school, renewing passports, renewing immigration stamps and negotiating the terms of her husband’s uncertain short term employment contracts. She said that the application required some form of document for each of these events and it was difficult to have these ready and up to date at the same time.

The Appeals Officer concluded that, while noting these reasons, he must also take into account the fact that the form for application Child Benefit itself includes an information page and guidance on how to complete the form. It clearly informs all potential claimants that they could lose out on the benefit unless they complete and return the application within 12 months of the month in which the family either came to live in Ireland or the date either a claimant or a claimant’s spouse commenced employment in Ireland.

The appellant became a qualified person for the receipt of Child Benefit in June 2014, the date she returned to live in Ireland. She would have seen the guidance on the application form and this would have given her sufficient time to source the documentation required to support her application. She had previously been in receipt of Child Benefit up to the date she temporarily moved to live in Australia in 2013, so she was therefore aware of the existence of the payment and her potential entitlement. Although she stated that she experienced difficulty in gathering supporting documentation, there is no evidence that she contacted the Child Benefit section of the Department to discuss this difficulty as a cause of delay and sought any advice/guidance prior to the date she formally submitted her application in February 2017.

The Appeals Officer concluded that the appellant’s explanation of her reasons for the delay in applying for Child Benefit did not amount to good cause, as provided for in legislation.

Outcome: Appeal disallowed.