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Dáil Éireann debate -
Wednesday, 26 Oct 1938

Vol. 73 No. 1

Ceisteanna—Questions. Oral Answers. - Old Age Pension Claim.

asked the Minister for Local Government and Public Health if he will state the circumstances under which James Harkins (2916) S, Cranary, Dring, Granard, County Longford, was reduced in his old age pension from 10/- to 5/-; and if in view of the information now at his disposal he will have the full pension restored with retrospective effect.

The pension was reduced to 4/- a week by decision on appeal on a question raised by the investigation officer as to the extent of pensioner's means. The decision is not subject to review.

Is the Parliamentary Secretary aware of the fact that the man's means are well within the prescribed limits, and that the information on which that decision was taken was incorrect?

In a case of this kind going before the Minister on appeal it is only fresh evidence that can be taken into consideration: any evidence that has come to light since the previous decision was arrived at.

When the facts are the same as before it cannot be fresh evidence. The evidence on which the decision was taken was incorrect. You cannot get fresh evidence because the evidence will be the same, or should be. Does not the Parliamentary Secretary consider it unfair, when a wrong decision was taken, to reduce the old age pension from 10/- to 4/— to reduce it upon evidence that was incorrect?

I am not satisfied that a wrong decision was arrived at on the evidence available at the time.

If I submit evidence to the Parliamentary Secretary, will he consider restoring the pension from the time it was reduced?

The Minister has no statutory power to do that.

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