Charlie McConalogue (Donegal, Fianna Fail)
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216. To ask the Minister for Employment Affairs and Social Protection if a person's estate will be pursued for an overpayment in cases in which the recipient of the overpayment has entered into an agreement with her Department for a number of years; and if she will make a statement on the matter. [38122/18]

Regina Doherty (Meath East, Fine Gael)
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Overpayments of social welfare assistance and benefit payments arise as a consequence of decisions made under the relevant sections of the Social Welfare (Consolidation) Act, 2005 (as amended). Where an overpayment is raised, the Department is obligated to make every effort to recover sums overpaid.

Overpayments which have not been recovered in full at the time of death may be recovered from the deceased debtor’s estate, regardless of whether or not the debtor had been making repayments prior to their death. The personal representative of a deceased person is obliged to notify the Department of the death and to seek the Department’s clearance for the distribution of that person’s estate. Where there are no remaining assets in an estate, the outstanding balance will be written-off.

The outstanding balance does not transfer to the surviving spouse or family member.

I hope this clarifies the matter for the Deputy.