Michael Ring
Ceist:111 Mr. Ring asked the Minister for Social, Community and Family Affairs the reason representatives of a deceased person (detail supplied) must pay moneys owed regarding an old age non-contributory pension. [32071/01]
Written Answers. - Pension Provisions.
Social welfare customers in receipt of non-contributory payments are required under social welfare legislation to disclose all their means at the time of initial claim, and to notify the Department of any changes in means subsequently.
Under section 280 of the Social Welfare (Consolidation) Act, 1993 the personal representative of a deceased social welfare recipient who was in receipt of an assistance payment must furnish the Minister with a copy of the schedule of assets of the deceased's estate.
Under section 249 of the Social Welfare (Consolidation) Act, 1993, deciding officers are empowered to make retrospective decisions in cases where means have not been disclosed. This provision does not necessarily imply any wilful or fraudulent intent on the part of the person. Such revised retrospective decisions normally cause an overpayment debt to be raised against the person, which is dealt with by an authorised officer in accordance with the Overpayments Code of Practice.
Section 281 of the Social Welfare (Consolidation) Act, 1993 empowers the collection of any debts due the state in this regard.
The person concerned had a number of bank accounts which were not disclosed to my Department at any time up to the date of death. Following investigation by a local officer of the Department who notified the solicitors concerned as to the amount involved, the case has now been forwarded to a deciding officer for decision and the personal representative of the deceased's estate will be notified of the outcome.
Any medical expenses previously incurred by the deceased, but not yet paid out of the estate, will be taken into account in arriving at the overpayment figure.
The personal representative will have the right of appeal to the social welfare appeals office and to have the matter considered by an authorised officer under the code of practice for the recovery of social welfare overpayments.
Under social welfare legistation decisions in relation to claims must be made by deciding officers and appeals officers. These officers are statutorily appointed and I have no role in regard to making such decisions.