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State Pension (Non-Contributory) Appeals

Dáil Éireann Debate, Tuesday - 2 April 2019

Tuesday, 2 April 2019

Questions (557)

Bernard Durkan

Question:

557. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the reason for the extraordinary investigative process applied in the case of a person (details supplied); if a full evaluation of their case can be undertaken as a matter or urgency with a view to clarification; and if she will make a statement on the matter. [15189/19]

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Written answers

The person concerned was in receipt of a survivor’s (non-contributory) pension claim which was stopped in August 2017 after she signed a declaration during a Social Welfare Inspector’s visit stating she was cohabitating.  Subsequently she advised the Deputy that she signed it under duress and took an appeal against the decision.  The appeal was not successful.

A review of her appeal was undertaken on foot of a Parliamentary Question raised on behalf of the person concerned and her basic supplementary welfare payment was reinstated during the period of review.  The Chief Appeals Officer was satisfied that there was no error in law or facts in the decision and therefore, the Appeals Officer’s decision of 29/3/2018 stands.  This review was completed on 27/7/2018 and the Deputy was notified of this outcome on the same date. 

The Appeals Office confirmed that the file was sent back to Pensions Section in September 2018 but the designated  Community Welfare Officer (CWO) was not informed of the decision.  The customer informed the CWO that she had not heard anything from the Appeals Office or Pensions Section.  I am advised by my Department that correspondence from the Social Welfare Appeals Office (SWAO)  issued only to the Deputy and not to the claimant.  The basic supplementary welfare payment continued to issue to the person concerned in error, given that the review was completed on the 27/7/2018.  A letter was sent to the person concerned from the designated officer on 15/2/2019 advising that her final payment would be available on 28/2/2019.

I trust this clarifies the matter for the Deputy.

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