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Dáil Éireann díospóireacht -
Thursday, 17 May 1928

Vol. 23 No. 14

CEISTEANNA—QUESTIONS. ORAL ANSWERS. - PAYMENT OF COSTS.

asked the Minister for Finance if he will state whether in October or November, 1927, an action was taken against Mrs. White, of Knockeenduff, Killarney, to recover money alleged to be due by Mrs. White, in respect of money received at foot of an old age pension; whether the case was dismissed, with costs, by the Circuit Court Judge; whether the Minister then appealed, and subsequently withdrew his appeal, which was dismissed with costs; whether the costs of the said proceedings were taxed to £18 6s. 6d., which the Minister for Finance was ordered to pay Mrs. White; whether, although repeated applications have been made for the amount of the said costs, payment has not yet been made; and whether he will now take steps to have payment made to Mrs. White.

As a result of a decision of the Department of Local Government and Public Health that Mrs. White had not been entitled to any pension, proceedings were taken under Section 9 (2) of the Old Age Pensions Act, 1928, for the recovery of £114 6s., the amount of old age pension money drawn by Mrs. White during the period covered by the decision of the Department. It is clear from the judgment that, while of opinion that the debt was due to the State, the Circuit Court Judge was obliged to dismiss the claim on a technical point which arose in connection with the manner in which the local Pensions Committee dealt with the claim. As the existence of this point would operate against the success of the appeal, it was withdrawn. I understand that payment of the costs was made in the ordinary course on 14th instant.

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