Dáil Éireann Debate, Tuesday - 15 October 2019
614. Deputy Tom Neville asked the Minister for Employment Affairs and Social Protection if a series of matters relating to the pension of a person (details supplied) will be examined; and if she will make a statement on the matter. [42132/19]
View answerState pension non-contributory is a means-tested payment for people aged 66 and over, habitually residing in the State, who do not qualify for a State pension contributory, or who only qualify for a reduced rate contributory pension based on their social insurance record. Recipients of state pension non-contributory are obliged to notify the Department of any changes in their circumstances that may affect their pension entitlement. A list of the reportable changes of circumstance is included in the initial notification of pension award and in all subsequent review communications issued.
Social welfare legislation provides that the personal representative of a deceased person who, at any time, received a means-tested payment is obliged to give notice to the Department of their intention to distribute the deceased's estate and to provide a schedule of the assets of the estate. The personal representative is requested not to distribute the estate, until they receive formal clearance from the Department. If, on examination of the schedule of assets, it is found that not all of the deceased’s means had been disclosed, or if the values of previously assessed means had changed, the Department will seek to recover any monies overpaid from the estate.
In this case, the deceased person was in receipt of a means tested state pension (non contributory). I am advised that an examination of the assets of the estate indicated that the person may not have been entitled to the rate of pension paid to them. An investigation by the Department's Inspector has recently been completed and the case is currently being examined by a Deciding Officer.
Before the deciding officer issues their formal decision, they will write to the personal representative, affording them the opportunity, within 21 days of the date of the letter, to comment or furnish any statement or evidence in the matter for consideration by the Deciding Officer before they make their final decision.
If a personal representative is dissatisfied with a final decision, they may request a review, or appeal the decision to the independent Social Welfare Appeals Office. Details of the options open to personal representatives of deceased pensioners are explained in the Department's letters.
I hope this clarifies the matter for the Deputy.
