Michael Ring (Mayo, Fine Gael)
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Question 1039: To ask the Minister for Social and Family Affairs when an oral appeal will be heard for a person (details supplied) in County Galway. [29856/06]

Séamus Brennan (Dublin South, Fianna Fail)
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The person concerned was in receipt of Disability Allowance from 28 August 2002.

The claim was reviewed and as a result payment was suspended from 12 April 2006 on the grounds that she failed to show that her means did not exceed the statutory limit. A deciding officer subsequently decided on 3/7/06 that the person was not entitled to receive Disability Allowance from 12/4/06.

The person appealed this decision to the Social Welfare Appeals Office on 25 July 2006 and in accordance with the statutory requirements the relevant departmental papers and comments of my Department were sought. These are now to hand and the case has been referred to an Appeals Officer who proposes to hold an oral hearing. The person will be informed as soon as the arrangements for the hearing are in place.

Under Social Welfare Legislation decisions in relation to claims must be made by Deciding Officers and Appeals Officers. These officers are statutorily appointed and I have no role in regard to making such decisions.

Michael Ring (Mayo, Fine Gael)
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Question 1040: To ask the Minister for Social and Family Affairs the reason a certain sum is being taken from the estate of a pensioner (details supplied) in County Mayo, in view of the fact that this person was already means tested during their lifetime; is this demand not a double assessment of this person's savings; and if he will make a statement on the matter. [29858/06]

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 1985. Following his death in August 2004, his schedule of assets indicated that he had a substantial amount of savings which he did not declare to the Department as he was legally obliged to do.

His circumstances were investigated by my Department and an overpayment of pension totalling €31,533.00 would appear to be due by his estate for the period from August 1990 to July 2004. Discussions between officials of my Department and the solicitors who represent the estate concerning the amount of the overpayment and its recovery were held during July 2006 and, in the light of those discussions, the file will now be referred to a Deciding Officer of my Department for formal decision.

The deciding officer will outline the evidence available and offer the personal representatives of the estate an opportunity to make any additional facts or evidence available within 21 days. A formal decision will be made based on the facts of the case.

The overpayment arising in this case represents an assessment of means not previously declared to my Department.