asked the Minister for Social Welfare if, further to a reply of 11th November on the subject of the reduction of a widow's non-contributory pension to the widow of a garda, he will state fully the reasons why this widow was issued with a pension book at the wrong rate; and why her pension is now being reduced on account of alleged overpayment by his Department.
Ceisteanna—Questions. Oral Answers. - Garda Widow's Pensions.
36.
The issue of a pension book at the wrong rate to this widow was due to a clerical error in my Department.
A refund by the recipient of any overpayment of widow's pension is required by section 57 of the Widows' and Orphans' Pensions Act, 1935.
I may add that having regard to the various communications which this pensioner, and the Deputy on her behalf, received from my Department in connection with the revision of her pension, and in particular the fact that the notification she received concerning the failure of her appeal against the decision to reduce her pension also notified her of the amount of pension awarded, it must have been perfectly clear to her that an error had been made in sending her a pension book at the higher rate and that she was not entitled to cash the orders therein.
Might I ask the Minister to consider, where overpayments have been made to social beneficiaries as a result of clerical errors in his Department, that as a general rule the overpayments would be recovered at the rate of one shilling a week, admitting that that might be a protracted operation but recognising that the correction of these errors can be a very heavy burden on the pension recipient if it has to be paid over a short period?
Yes. I appreciate that where they are due to a clerical error, we should be as lenient as possible, but in this case it was perfectly clear that the pension book which was issued was the incorrect rate and the person concerned was well aware of that fact. There is no doubt whatever about that.
The overpayment was due to the fact that her Garda widow's pension was increased.
No.
That is why she was overpaid. Her pension was reduced.
No, it was not. Her appeal against the reduction of the pension was disallowed, and it was stated quite clearly both to her and to Deputy Spring that this was so. She had in her possession a definite statement of the correct amount of pension which had been awarded to her.
Because her Garda widow's pension was increased by £11 per month.
That is the cause of the reduction.
One of her pensions was reduced and the other increased. I would ask the Minister to examine this again.
I have examined the case and the position is as I have stated.