Vol. 472 No. 6
180 Mr. Finucane asked the Minister for Social Welfare if he will clarify the fairness of requesting an overpayment from old age pensioners (details supplied) in County Limerick in view of the fact that both pensioners never received any material gain out of having the shares and did not consider that the fact of having shares would impact on their pensions; and if he will make a statement on the matter. [23818/96]
The couple concerned are both in receipt of an old age non-contributory pension which is a means-tested payment. When assessing a person's means in accordance with the legislation the Department must take account of any savings, investments, shares, property or income which the person may have. Old age non-contributory pension application forms include a request to notify the Department of all incomes.
In October 1996, the Department discovered that the husband had a shareholding in a company which neither spouse had disclosed, as required under social welfare legislation, when their pension entitlements were originally investigated in 1991 and 1992 respectively. This shareholding would have caused a relatively small reduction on their weekly rates of pension.
In the light of this new fact, the couple's pension entitlements were reviewed. The deciding officer wrote to the persons concerned on 19 November 1996 outlining the discovery of the shareholding and affording them the opportunity to furnish, within 21 days, any statement or evidence that they wished to make available for consideration. None has yet been received. A decision on their pension rates will be made shortly, taking full account of any response they wish to make, and of details supplied by the Deputy in this question.
Should the deciding officer decide to revise their pensions retrospectively, an overpayment would then arise. In that event, the couple concerned will then be notified of the amount due for repayment. They will be afforded the opportunity at that stage to provide any further relevant information in accordance with the overpayments code of practice before a determination is made on the recovery of any pension amounts overpaid.
