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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.

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.It is a condition of a person's right to any payment that he or she makes a claim for the specific payment in the manner set out in regulations (Article 179 of SI 142 of 2007) and satisfies the Department of his or her identity.The usual requirement is that the claimant must complete and sign the appropriate application form and ensure that it is submitted to the relevant section of the Department of Employment Affairs and Social Protection (DEASP) within a specified period of becoming entitled to the payment.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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