Dáil Éireann Debate, Wednesday - 11 May 2022
190. Deputy Sean Sherlock asked the Minister for Social Protection the current status of a State pension (non-contributory) overpayment file in respect of the estate of a deceased person (details supplied). [23694/22]
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.
Examination of the assets of the estate of the deceased person concerned indicated that the person may not have been entitled to the weekly rate of pension paid to them. An investigation by an Inspector of the Department has been completed and the case is currently being examined by a Deciding Officer.
Before making their formal decision, the Deciding Officer will write to the personal representative, affording them an opportunity (within 21 days of the date of the letter), to comment or furnish any statement or evidence they wish the Deciding Officer to take into consideration.
If a personal representative is dissatisfied with the Deciding Officer's final decision, they may request a review, or appeal the decision to the independent Social Welfare Appeals Office. Details of the options open to the personal representative will be provided in the decision letter.
I hope this clarifies the matter for the Deputy.
