Dáil Éireann díospóireacht -
Wednesday, 9 Oct 2002

Vol. 554 No. 5

Written Answers. - Social Welfare Benefits.

Tony Gregory

Ceist:

1644 Mr. Gregory asked the Minister for Social and Family Affairs the reason a person (details supplied) in Dublin 1 suffered a significant reduction in income when they were transferred from invalidity pension to old age pension; and if this matter will be reviewed. [15528/02]

Minister for Social and Family Affairs (Mary Coughlan):

The person concerned was in receipt of invalidity pension since 1983. At the time of application one of the qualifying conditions for invalidity pension was that a person required a total of at least 156 paid contributions. This has since increased to 260. According to my Department's records the person concerned had a total of only 71 full rate Irish contributions. Accordingly, it was necessary to combine this with his UK insurance to satisfy the 156 paid condition and he was awarded maximum rate pension.

Entitlement to maximum rate invalidity pension based on combined Irish and UK social insurance ceases at age 65 years at which time the person becomes entitled to a British retirement pension. The person concerned reached 65 years of age on 23 February 2000 and qualified for a British retirement pension of £55.92 sterling. While he was no longer entitled to a full rate invalidity pension, he qualified for apro rata invalidity pension based on his Irish and UK contributions. His entitlement to an EU pro rata invalidity pension was examined. This resulted in his invalidity pension being reduced to €15.23, £12, from 15 March 2001. Arising from this reduction his entitlement to an old age contributory pension was examined. He qualified for an EU pro rata pension of €53.58, £42.20, from 16 March 2001, the Friday following the date his invalidity pension was reduced. His current weekly rate of pension of €64.80 which includes a living alone allowance and fuel allowance is also payable together with a weekly British retirement pension.

Bernard J. Durkan

Ceist:

1645 Mr. Durkan asked the Minister for Social and Family Affairs the reason overpayment of lone parent's allowance has been determined in the case of a person (details supplied) in County Kildare in view of the fact that her Department was already informed of this person's income from employment; and if she will make a statement on the matter. [15613/02]

Minister for Social and Family Affairs (Mary Coughlan):

The person concerned informed the Department of her employment in May 2000 and returned her payment book. Consequent inquiries by the Department revealed that her employment had commenced two years previously.

A deciding officer decided in April to reduce the rate of one parent family payment due to the person concerned for the period from 9 April 1998 to 7 April 1999 in the light of her earnings. The deciding officer also decided to terminate her entitlement completely with effect from 8 April 1999, as her earnings from employment by then exceeded the statutory limit of €15,236.86 or £12,000 for receipt of one parent family payment. It was also found that she had been overpaid by €7,375.38 or £5,808.58 for the period from 9 April 1998 to 18 May 2000 based on her undisclosed means from earnings during that period.

The Department notified the person concerned of these decisions and of her right to appeal to the social welfare appeals office if she was dissatisfied. She was also advised of her rights under the statutory code of practice on the recovery of social welfare overpayments.

The person concerned has not appealed the decision nor made direct contact with my Department. There is an obligation on her to make arrangements to repay the overpayment.

Under social welfare legislation 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.