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Dáil Éireann debate -
Tuesday, 15 May 2001

Vol. 536 No. 2

Written Answers - Pension Provisions.

Michael Ring

Question:

354 Mr. Ring asked the Minister for Social, Community and Family Affairs the way in which an over payment on the pension of a deceased person (details supplied) from County Mayo was calculated. [13591/01]

Social welfare clients in receipt of non-contributory payments are required, under social welfare legislation, to disclose all their means at the time of initial claim, and to notify the Department of any changes in means subsequently. The person concerned was in receipt of old-age, non-contributory pension from 1977 to 1995 when it emerged that she was resident in the United Kingdom. She died in February 1997. A joint account with her daughter, which was opened on 7 February 1990, was not reported to the Department at any review of her pension after this date. As a result an over payment of £1,288.00 has been assessed against her estate. This represents the amount of pension over paid from 25 June 1993, to 22 December 1995. It is not proposed to seek recovery of the amount over paid in respect of the period 7 February 1990, to 25 June 1993. The personal representative has been informed accordingly.

It is open to the personal representative, if repayment of the money would cause undue hardship, to have the case considered by an authorised officer for the recovery of overpayments. Under social welfare legislation decisions in relation to claims must be made by deciding officers and appeals officers. These officers are statutorily appointed and I have no role in the making of such decisions.

Frances Fitzgerald

Question:

355 Ms Fitzgerald asked the Minister for Social, Community and Family Affairs if a self-employed person (details supplied) in County Meath will qualify for a full contributory pension. [13595/01]

One of the conditions for receipt of a standard old-age contributory pension is that the claimant must have started paying reckonable insurable contributions before age 56, that is, at least ten years before reaching pension age of 66 years. The person concerned had already reached age 56 when he began to pay contributions on the extension of pay-related social insurance to self-employed persons for the first time in April 1988. The person concerned applied for old age contributory pension in July 1998 and his claim was disallowed on this basis.

In order to address the situation of this category of self employed persons, a special half rate pension was introduced in April 1999. This pension is payable at half the maximum personal rate and applies to self-employed persons with at least five years contributions paid. The person concerned qualified for and has been in receipt of this pension since April 1999. Following the budget increases in April of this year he is now receiving £53 per week.

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