Dáil Éireann Debate, Thursday - 26 September 2013
139. Deputy Michael McGrath asked the Minister for Social Protection in the event where the Department has assessed that a person owes the Department a sum of money as a result of an overpayment associated with customer error and where that person subsequently dies, if the amount due is collected from the person's estate or is the liability rescinded on the death; and if she will make a statement on the matter. [40311/13]
View answerOverpayments arise in cases where individuals receive social welfare payments to which they are not entitled.
People who have received an overpayment from the Department have a liability under law to refund the overpayment (Section 338 of the Social Welfare (Consolidation) Act, 2005 (as amended) refers). They have received money to which they were not entitled and my Department has a responsibility to ensure that all overpayments are recovered in full.
An overpayment will remain on record until it is fully recovered. Currently, my Department does not apply interest or penalties on the amounts owing. Recovery can be pursued by deducting from all future entitlements up to pension and following death, where an estate remains. Where there is no estate in respect of a deceased debtor, the debt is rescinded.
