asked the Minister for Local Government whether tenants of vested cottages are empowered to recover from county councils annuities inadvertently overpaid on cottages vested in them under a purchase agreement.
Ceisteanna—Questions. Oral Answers. - Recovery of Overpaid Cottage Annuities.
39.
There is no provision in the Labourers Acts which empowers the tenant of a vested cottage to recover overpayment of an annuity but I feel sure that a county council would deal equitably with such a situation.
Would there be any objection on the Minister's part to authorising local authorities to refund an annuity where a tenant of advancing years makes a mistake about the date up to which the annuity is due and continues to pay it after it should legally terminate? Is it any great offence to the whole local government law system if an old age pensioner gets back an annuity he had been paying in mistake for two or three years?
Surely in such a case others besides the old age pensioner are at fault? Surely the local authority receiving the money must also be at fault?
I agree that is implied, but the defence of the local authority concerned is that they have no authority to refund it. Surely the Minister should send a circular to the local authorities directing them to refund such moneys.
Quite candidly, I do not think any difficulty is arising. I think the Deputy will find that the money is being refunded.
The person has been told that the local authority has no authority to refund it.
I understand that not only can they do it but that they are going to do it, anyway. I hope we are talking about the same case. It is a County Kildare case and there are not many of them there.
Will the Minister say whether the case is in the Athy area?
Yes.
I have a letter from the county council saying there is no provision for action in the matter and that they have no authority to make a refund.