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Such decisions are not subject to the Social Welfare Appeals provisions because it is a Ministerial discretion.
A dissatisfied claimant may however request the decision to be reviewed, and the review should be carried out by an officer of higher rank than the person who made the decision. Previous claim or enquiry prior to legislative change If a legislative change gives entitlement on a previously refused claim, or where a previous enquiry elicited the information that there was then no entitlement, the earlier claim or enquiry may be accepted in lieu of a repeat claim from the date of implementation of the legislative change.
See also Part 9, Chapter 1 of Social Welfare Consolidation Act 2005. 142 of 2007) as amended – Articles 179 to 191 and SI 695 of 2006.
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.
This period is usually referred to as 'the prescribed time' - see paragraph 3.4 below.
For the purposes of satisfying identity, the Claimant may be asked to: Where a claimant for any Social Welfare Benefit or Assistance (excluding Supplementary Welfare Allowance) is required to produce Birth, Marriage or Death certificates, these may be purchased for a reduced fee (currently €1.00) from the General Register Office or Superintendent Registrar's Office (one located in each county).