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State Pensions

Dáil Éireann Debate, Monday - 11 September 2023

Monday, 11 September 2023

Questions (997)

Paul Kehoe

Question:

997. Deputy Paul Kehoe asked the Minister for Social Protection the status of the non-contributory pension investigation for a person (details supplied); when a decision will issue; and if she will make a statement on the matter. [37702/23]

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Written answers

State 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 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 must 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 the case the Deputy is querying, the deceased person had been in receipt of a means-tested state pension non-contributory. A schedule of the assets of the deceased’s estate was received in the Department on 9th November 2022. The case was subsequently forwarded to a Social Welfare Inspector for investigation. The Officer wrote to the personal representative of the deceased requesting information on 8th May 2023. The personal representative replied to the request on 12th June 2023. However, the information sought was not sufficiently addressed. The Inspector contacted the personal representative by email on 14th June 2023 and again on 11th August 2023. No response has been received to date from the personal representative to either of the above requests.

When the information requested has been provided, the Inspector will complete their report and return it to a Deciding Officer in my Department’s Sligo Office. The deceased’s state pension non-contributory entitlement will be reviewed and the personal representative will be notified of the outcome.

I trust that this clarifies the matter for the Deputy.

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