Dáil Éireann Debate, Wednesday - 17 April 2024
74. Deputy Michael Healy-Rae asked the Minister for Social Protection if the case of a person (details supplied) will be examined and a resolution found for the matter; and if she will make a statement on the matter. [16776/24]
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 in 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 the case of the deceased person concerned, following the receipt of a schedule of assets of their estate on 23 January 2023, the case was referred to an Inspector of the Department for investigation. Based on new information provided, the Inspector determined that the deceased had been overpaid state pension non-contributory. A calculation of the amount overpaid was communicated to the legal and personal representatives of the deceased person on 23 March 2023.
The legal representative wrote to the Inspector on 5 April 2023 submitting an offer of settlement in relation to the overpayment. The settlement offer was less than the total amount overpaid, therefore the Inspector referred the case to a Deciding Officer for consideration. As there were insufficient funds remaining in the estate of the deceased person to repay the total amount of overpaid pension, the Deciding Officer wrote to the legal and personal representatives on 15 May 2023, informing them that the settlement offer would be accepted by the Department. This letter also stated that upon receipt of payment, a Letter of Clearance would issue.
No payment was subsequently received. On 30 May 2023, the legal representative wrote to the Department advising that the personal representative wished to appeal the amount overpaid. The Deciding Officer wrote to the legal representative on 10 August 2023, advising that a formal decision and letter would issue in this case, following the receipt of which, the personal representative could appeal the decision to the independent Social Welfare Appeals Office.
The legal representative wrote to the Department on 23 January 2024 requesting an update in the matter. The Department wrote to the legal representative on 25 January 2024 confirming that the case had been assigned to a Deciding Officer. Taking into account the Inspector's report, the Deciding Officer will review the deceased's state pension non-contributory claim and make a determination on their eligibility to state pension over the period of its payment. The legal and personal representatives will be notified of the outcome in writing and advised, if not satisfied with the decision, that they may request a review of the decision or appeal the decision to the Social Welfare Appeals Office.
I trust this clarifies the matter for the Deputy.
