Case Studies » Guardian’s Payment » Guardian's Payment (Contributory) - Case from 2017 Annual Report (ref: 2017/08)

Background: The appellant applied for Guardian’s Payment (Contributory) in respect of her sibling who had been living with her for many years. This payment was awarded, and was backdated for 6 months in line with the provisions of the governing legislation. The appellant requested that her claim be backdated for a further period to 2013. The Department refused to backdate the claim to 2013 on the grounds that there was no basis for backdating in excess of the 6 month period. The appellant stated that she did not claim for Guardian’s Payment at the prescribed time due to lack of knowledge.

Consideration: The Appeals Officer referred to the Department’s “Guidelines on Claims and Late Claims” which provide that: “In the case of Guardian's payment (Contributory) and Guardian's payment (Non-Contributory), a previous claim for the orphan as a qualified child on another social welfare payment may be accepted where the scheme conditions are fully satisfied”. The Appeals Officer noted that the appellant brought the above Guidelines to the attention of the Department and that the Department did not respond to this. The Appeals Officer also noted that the Guidelines provide that: “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 DSP scheme which is refused, the date of the earlier claim may be accepted as the date of claim for the appropriate entitlement”.

The Appeals Officer noted that the appellant was in receipt of a child dependent increase for her sibling on her Jobseeker’s Allowance claim since June 2013. He also noted that when the appellant approached the Department for information regarding her entitlements for her sibling, she was only told about the child dependent increase and was never informed about the Guardian’s Payment. The Appeals Officer, having considered all the available evidence, and giving particular weighting to the Department’s own Guidelines on late claims, concluded that the appellant’s claim for Guardian’s Payment should be backdated to the date of her Jobseeker’s claim in 2013, provided all the other conditions for the scheme have been met.

Outcome: Appeal allowed.