Bernard Durkan (Kildare North, Fine Gael)
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Question 1306: To ask the Minister for Social Protection when back to school clothing and footwear allowance will be awarded to a person (details supplied) in County Kildare; and if he will make a statement on the matter. [32995/10]

Éamon Ó Cuív (Galway West, Fianna Fail)
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The back to school clothing and footwear allowance scheme is administered on behalf of the Department by the Community Welfare division of the Health Service Executive (HSE).A person may qualify for payment of the allowance ifs/he is in receipt of a social welfare or HSE payment, is participating in an approved employment scheme or attending a recognised education or training course and has household income at or below certain specified levels at the time of the application for the allowance.

The HSE has advised that the person concerned was refused the back to school clothing and footwear allowance as her household income is in excess of the specified limit for her family size. The person concerned has been advised of her right to have her case reviewed.

Michael Creed (Cork North West, Fine Gael)
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Question 1308: To ask the Minister for Social Protection with respect to an alleged overpayment of qualified adult allowance if he will clarify if the Department can, by agreement or otherwise reclaim the overpayment from the contributory pension involved and if the liability, if confirmed attaches to the estate in the event of the death of the contributory pensioner; and if he will make a statement on the matter. [33071/10]

Éamon Ó Cuív (Galway West, Fianna Fail)
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The Department's policy in relation to overpayments is to actively pursue the full recovery of all overpayments. In preparing a recovery plan, the method and rate of recovery is aimed at recovering the overpayment within the shortest time span, taking into account the financial circumstances of the person involved.

Overpayments may be recovered by withholding any scheme arrears due to the person, the payment of a single lump sum by the person, the deduction of an agreed amount from ongoing weekly social welfare payments.

In the event of the death of a contributory pensioner, who has an outstanding overpayment amount, or who has an overpayment posthumously determined against him/her, under Section 335(a) of the Social Welfare Consolidation Act 2005, there is a liability on the personal representative of the deceased to fully repay the overpayment amount, where there are sufficient assets in the Estate to cover this debt.