David Stanton (Cork East, Fine Gael)

I thank the Minister for his reply. Perhaps he should come to the House more often without notes. Is the Minister aware of the particular case of Anthony Hennigan that was brought to our attention at committee? Is he aware that a social welfare appeals officer found against the Department in this issue? Is he aware that almost 50% of these cases arose from savings from means-tested pension payments according to an internal memorandum in the Department of Social and Family Affairs? Will the Minister not agree that 50% represents a major issue even though Department officials told me in committee that they did not consider it to be so? Will the Minister confirm that it is the practice to deduct funeral and legal expenses applicable to the estate before an over-payment is calculated? Is he aware that the appeals officer in his report stated that he found no evidence before him of such consideration being given in that case? Will he give an assurance that the correct procedure is being followed in every case?

Will the Minister make himself aware of what the appeals officer said about the circumstances of the case with reference to the Social Welfare (Consolidation) Act 1993, in particular the appeals officer's report that he did not find any significant reference by the deciding officer to the appellant's submissions which relate to the special circumstances of this case? However, he was assured that all the circumstances were fully considered. Will the Minister agree that it is wrong to penalise older people and perhaps their elderly relatives by double assessing their means? In other words after having been assessed for a non-contributory pension, an older person will save up for a rainy day. When such a person passes away a further assessment is made. Does the Minister agree that this is continuing and that the saving threshold from 1977 to 1979 was £200 and from 1979 to 2001 it was £2,000 and that those thresholds are still being applied? I ask the Minister to consider the issue as a matter of urgency and make the necessary changes.

See this speech in context