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If, however, the person was invited by the Department to claim the relevant payment at the correct time and did not do so, exercise of this discretion would not normally be warranted. A Claim by a Qualified Adult Where a Qualified Adult on a spouse's social welfare payment subsequently claims an entitlement in his/her own right for the same period, the discretion may be used to accept the claim for Increase for Qualified Adult (IQA) in lieu of the later claim.
The Officer must again be satisfied (with a reasonable level of certainty) that all other conditions governing the particular scheme were fulfilled.
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.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.This standardises the State Pension age at 66 years for all applicants.The officer should also consider the reason for the delay in claiming.