asked the Minister for Defence whether he is aware that, in a case where a man who had been in receipt of an IRA pension died intestate and his small estate passed to his brother whose sole income is the old age pension, a sum of £20 was claimed from the estate by his Department; what is the reason for this type of claim; and if he will take steps to prevent such claims in future.
Ceisteanna—Questions. Oral Answers. - Claim on IRA Pensioner's Estate.
33.
I am aware of a case —I do not know whether or not it is the one which the Deputy has in mind—in which a claim for £20 approximately has been made by my Department against the estate of a holder of a special allowance under the Army Pensions Acts who died intestate. A brother of the deceased is administrator of the estate. In this case it came to light that the deceased held a bank account over a number of years which had not been disclosed at the investigations of his means for the purpose of the grant of special allowance, so that the allowance had been paid at a rate higher than that to which the deceased was entitled. The Army Pensions Acts provide that, in such cases, the payee, or, if he is dead, his personal representative, shall be liable to make repayment to the Minister on demand. It is not intended to alter that position.
Would the Minister take into consideration the fact that this old man is 78 years of age, drawing an old age pension of 35/- a week? Whether the sum is legally due or not—I suppose it is—he is not in a position to meet it. This is a case of hardship and would the Minister consider allowing the survivor's brother not to be mulcted in this matter?
I am afraid I have not got any such authority.
The deceased man is being penalised for saving.
No; he is being penalised for not disclosing information.
He is penalised for saving, too.