Backdating incapacity

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.

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

Employers must consult with employees and their treating healthcare providers to support return to work.

Comcare's preferred medical certificate is the Certificate of Capacity.

Comcare and employers use Certificate of Capacity to determine an employee's capacity for work and the nature of their injury.

When a claim for social welfare is made by a person in a relevant State, there is a legal onus on that State to take liaison action.

This involves initiating a claim on the person's behalf in Ireland, where relevant.

He or she may also be interviewed at home or be required to attend at a local office of the Department for interview.

Under EU Regulations and bilateral agreement legislation governing social welfare payments, a claim made in any State covered by the legislation (a relevant State) may be regarded as a claim for a similar type of payment in Ireland.This will allow the employer to offer the employees suitable duties and support the health benefits of work.These capabilities can be incorporated into the employees return to work plan and will support them to stay at or return to work safely.The Rehabilitation Case Manager at the employee's employer is the best person to talk to, or the medical practitioner can tick the box on the Certificate of Capacity indicating a return to work case conference is required.The primary legislative provisions governing claims and late claims are set out in Sections 241, 342 and 342A of the Social Welfare Consolidation Act 2005, as amended.If you are over pension credit age, the law requires us to automatically treat your claim for Housing Benefit as being made 3 months before we actually received your claim.