Michael Ring (Mayo, Fine Gael)
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Question 998: To ask the Minister for Social and Family Affairs the way in which the estate of a person (details supplied) in County Mayo was assessed, providing a detailed breakdown of the assessment; if this should be treated in the same way as the appeal case in Cork which was tested in the courts; and if he will make a statement on the matter. [28675/06]

Séamus Brennan (Dublin South, Fianna Fail)
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The pensioner in this case, who is now deceased, was in receipt of old age non contributory pension from my Department since 1982. Following her death in September 2003, her schedule of assets indicated that she had a substantial amount of savings which she did not declare to the Department as she was legally obliged to do.

Her circumstances were investigated by a social welfare inspector, SWI, of my Department who has reported that an overpayment of pension totalling €28,325.00 would appear to be due by her estate for the period from February 1993 to August 2003. A detailed breakdown of this overpayment was sent to the Deputy when he raised this question originally in July 2006 along with a letter outlining the facts of the case. Discussions between officials of my Department and the solicitors who represent the estate concerning the amount of the overpayment and its recovery were held and the file will now be referred to a Deciding Officer of my Department for decision.

The Deciding Officer wrote to the personal representatives and sent a copy to the solicitors on 21 September 2006 outlining the evidence available to them and offering them an opportunity to make any new facts or evidence available to my Department within 21 days. A decision will then be made based on the facts of the case.