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This period is usually referred to as 'the prescribed time' - see paragraph 3.4 below.

This will allow, where appropriate, backdating of the claim to the date of the earlier claim in the relevant State.

Examples of situations where entitlement can usually be proven: For instance, a late claim for Carer's Allowance would require clear and convincing evidence regarding means, that full-time care and attention was necessary and that the claimant was providing that full-time care and attention. A claim to Child Benefit may be accepted as a claim for a Child Dependant Increase or an Guardian's Payment (Contributory) or Guardian's Payment (Non-Contributory) , provided no doubt exists as to entitlement to the payment for the period in question and a reasonable explanation is given for the delay in claiming.

The reason given for the claim not being made at the right time would also be examined in this context (see comments at B above). 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. Previous contact with the Department Where it is established that an earlier interview with the person should have brought to notice the fact that entitlement to a personal rate payment (or Increase for Qualified Adult, Child Dependant Increase, Living Alone Allowance, etc.) existed, because the necessary information was then made available, and the Department did not act on it, the claim may be deemed to have been made at the time of that 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.

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