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Statute of limitations on social welfare claim

  • 16-03-2015 4:36pm
    #1
    Closed Accounts Posts: 2,913 ✭✭✭


    Scenario where social welfare made a mortgage interest payment directly to a bank in January 2012. The cheque never made it to the bank and this was only discovered recently by the individual when they went to negotiate a better interest rate with their bank and noticed the payment was never received. When queries with social welfare they said a "reasonable amount of time" had passed and that the payment had been cancelled and the claim is now closed.

    In a scenario like this, is there any recourse for the individual in terms of getting the payment reissued and what are social welfare referring to when they say a "reasonable amount of time"


Comments

  • Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    The SoL is only one element, any significant delay could be grounds for refusal to reissue the payment and may be upheld. I'm not sure on what grounds in all honesty but then one would want proper legal advice anyway. The other issue, hypothetically, is - is it worth the legal costs for the claim?

    Hypothetically has a written appeal been lodged?


  • Closed Accounts Posts: 2,913 ✭✭✭v638sg7k1a92bx


    The SoL is only one element, any significant delay could be grounds for refusal to reissue the payment and may be upheld. I'm not sure on what grounds in all honesty but then one would want proper legal advice anyway. The other issue, hypothetically, is - is it worth the legal costs for the claim?

    Hypothetically has a written appeal been lodged?

    Hypothetically, yes a written appeal lodged but I think you've summed it up in terms of time and energy levels versus potential outcome.

    Thanks


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