The Defence Forces pensions schemes provide for the payment to a retired soldier of a basic pension in respect of 21 years' service with a special increment for each further year of pensionable service up to a maximum of 31 years' service. As a general rule, the special increment ceases to be payable when the pensioner becomes entitled to a social welfare retirement pension.
The deceased person in question was in receipt of a service pension — including special increment — based on 28 years' pensionable service under the Defence Forces pensions schemes. In late September 1994, the Department of Defence became aware that he had been granted a social welfare retirement pension with effect from 2 December 1993. The special pension increment under the Defence Forces schemes had continued to be paid to him throughout this period thus giving rise to an overpayment of £1,096.85. The overpayment was being recovered at the rate of £50 per month and, at the time of the person's death on 31 August 1995, the sum of £500 had been recovered. This left a balance of £596.85 to be recovered from the deceased's estate and the matter is being pursued with the solicitors acting for the estate.
The pension cheque for September 1995 in the sum of £525.49 was issued after the person's death but this was returned to the Department by the solicitors.