I propose to take Questions Nos. 393 and 404 to 409, inclusive, together.
The number of estates cases in 2004 where the Pension Services Office of my Department raised overpayments was 335. There are no statistics available on the number of cases where the next-of-kin of the deceased pensioners in question stated that the overpayments arose partly or in total from savings accumulated from non-contributory pensions.
The amount of overpayment recouped from the estates of deceased non-contributory pensioners in each of the years from 2000 to 2005 is as follows:
Year
|
Amount of overpayments recouped
|
|
€
|
2000
|
4,397,872
|
2001
|
5,767,027
|
2002
|
5,016,542
|
2003
|
5,081,195
|
2004
|
5,462,235
|
2005
|
5,157,038
|
There have always been procedures in place in my Department to address situations where a person feels that an injustice has occurred arising from a deciding officer's decision. Before any decision is made by a deciding officer to raise an overpayment of pension against the estate of a deceased non-contributory pensioner, the next-of-kin are given an opportunity to provide any new facts or fresh evidence regarding the case. If, on re-examination of the case the deciding officer makes a decision which results in an overpayment of pension, the next-of-kin have the right to seek a review of that decision. The next-of-kin also have a legal right of appeal to the Social Welfare Appeals Office if they are not satisfied with the deciding officer's decision.
Where appeals are lodged against deciding officer decisions, the facts of each case are independently examined by an appeals officer and a ruling is given based upon the particular circumstances which apply in each case. As the circumstances in each case appealed are rarely similar, the ruling that is given in any one case does not necessarily provide a basis for making decisions in relation to other cases.
In dealing with the particular case raised by the Deputy, the appeals officer considered, in the light of the circumstances of the case, that there were very reasonable grounds that the decision should take effect from the date of the pensioner's death and that the overpayment which occurred was not refundable.
In seeking to recover an overpayment of pension from the estate of a deceased pensioner, my Department normally deducts from the value of the estate any funeral and legal expenses which were incurred by the next-of-kin in finalising the affairs of the deceased. The question of such a deduction did not arise in this case in that there were sufficient assets to cover such expenses apart from the amount of the overpayment assessed.
Under Social Welfare legislation it is possible for a pensioner to appoint an agent who will cash his/her payment book at a nominated post office if the pensioner is unable to do so for whatever reason. In circumstances where a pensioner enters into a long-stay residential care centre, it is not uncommon for him/her to apply to my Department for the director of nursing of the centre to be appointed as an agent for this purpose. In addition, the pensioner has the right to rescind the agency arrangement at any time or to appoint another person as the agent.
Pension payments made under an agency arrangement as outlined above are not, per se, taken into account when my Department is reviewing the means of a deceased non-contributory pensioner. Instead, my officials seek to establish the full extent of the assets which were owned by the pensioner during the period when he or she received their non-contributory pension. This is then compared against the means which the pensioner declared to the Department during the same period. If a discrepancy between the two arises, this may result in the person being overpaid on his or her pension and this would be recoverable from any estate at the time of death.
Officials of my Department who deal with estates cases are not paid a performance related bonus on the lines outlined in the question. I am satisfied that deciding officers operate to a very high standard in their interpretation and administration of the legislation in this area and in carrying out their duties generally.