Dáil Éireann Debate, Thursday - 8 September 2022
1079. Deputy Sean Fleming asked the Minister for Social Protection if a person who has been declared bankrupt and-or insolvent, has a Revenue Commissioners judgment against them and has no means available to them may obtain social welfare payments such as jobseeker’s allowance or the State pension (non-contributory) (details supplied); and if she will make a statement on the matter. [42386/22]
Amharc ar fhreagraState pension non-contributory is a means-tested payment for people aged 66 and over, habitually residing in the State, who do not qualify for a state pension contributory, or who only qualify for a reduced rate contributory pension based on their social insurance record. For the purposes of the means-test, at initial application stage and throughout the lifetime of the pension claim, an applicant must provide full and up to date details of any income(s), asset(s), savings and investment(s) held, and notify any changes that occur that may affect their pension entitlement. In all cases, including situations of bankruptcy or insolvency, sufficient supporting documentation must be furnished by the applicant in order to enable a Deciding Officer to correctly assess a possible pension entitlement.
The person concerned applied for state pension non-contributory on 16 February 2018. The person’s claim was assigned to a Social Welfare Inspector on 10 March 2018 to investigate their means. On 28 February 2019, the Inspector reported to the Deciding Officer that the person concerned had failed to fully disclose their means or provide sufficient documentary evidence for the purposes of determining pension entitlement.
As the requested information was not provided, the pension application was disallowed on 27 March 2019 on grounds of non-disclosure and the person concerned was notified of the outcome and their right of appeal to the independent Social Welfare Appeals Office. The person subsequently appealed the decision. On 6 May 2022, the appeal was disallowed on the grounds that the person concerned failed to disclose their means.
If the person concerned is now in a position to provide documentary evidence which sufficiently reflects their financial situation and which allows a Deciding Officer to correctly assess their weekly means, they should contact the Department and request a review of their state pension claim. Their claim will be reviewed and they will be notified of the outcome in writing.
I trust this clarifies the matter for the Deputy.
