Vol. 571 No. 1
1377 Mr. Allen asked the Minister for Social and Family Affairs if she has considered the letter dated 28 July 2003 regarding a person (details supplied) in County Cork in view of the fact that the only response received was an acknowledgement from a private secretary (details supplied) dated 1 August 2003; and if she will address the issues raised in the letter dated 28 July 2003 and convey her considered response. [20652/03]
The continued entitlement of any person awarded deserted wife's benefit after 31 August 1992 is subject to a statutory income limit of £14,000 –€17,776.33.
The person concerned had been in receipt of deserted wife's benefit since 15 October 1992. Following a review of her entitlement further payment was disallowed by a deciding officer, retrospectively from 9 April 1998, when her means were found to exceed the limit. As a consequence, an overpayment of £20,849.34, €26,473.29, was assessed against her.
The person appealed against this decision to the social welfare appeals office on 4 March 2002. The case was referred to an appeals officer who, having considered all the evidence in the case, including that adduced at oral hearing, disallowed the appeal. The Deputy's representations of 28 July 2003 were brought to the attention of the appeals officer who has re-examined the case. His conclusion, now to hand, is that there are no new facts or fresh evidence that would warrant a revision of his decision.
The recovery of an overpayment is a matter for consideration by my Department under a code of practice set out in regulations. This code provides, inter alia, for circumstances in which the deferral, suspension, reduction or cancellation of an overpayment may be considered. It is open to the person to comment on the method of recovery proposed or to bring to the notice of the Department any facts or circumstances relevant to the question of recovery. She may do so by writing directly to my Department at the pensions services office, College Road, Sligo. In the meantime, I am arranging to have a copy of the code sent to her.
