An overpayment amounting to €1,619 occurred in the case of the person concerned because old age contributory pension and widower's contributory pension were paid concurrently for a period of ten weeks due to departmental error. It was decided, having regard to all of the circumstances of the case, to seek recovery.
The code of practice for recovery of overpayments, SI 227 of 1996, requires that every effort is made to recover overpayments in full irrespective of how they arise. The code sets out the procedures to be followed by the Department after it assesses an overpayment against a person. Under the code, repayment of an overpayment may be reduced or cancelled in circumstances where it arose because of an error by the Department and the person concerned could not have been reasonably aware of the error.
On 8 July 2004, my Department wrote to the person concerned informing him of the overpayment and of the Department's intention to recover the moneys due by way of deductions of €10 per week from his widower's contributory pension. This letter afforded him the right to comment on the overpayment recovery. As no response was received, deductions of €10 per week commenced with effect from 18 February 2005. The person concerned should contact my Department if he wishes to raise issues regarding the recovery of the overpayment.