John Brady (Wicklow, Sinn Fein)
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642. To ask the Minister for Employment Affairs and Social Protection further to Parliamentary Questions Nos. 528 to 530, inclusive, of 11 December 2018, the amount that has been recouped since her Department began recouping moneys from the estates of deceased persons in cases in which an overpayment was identified due to means not declared; the number of cases that have been opened by her Department since the practice commenced; the number of cases in which money was recouped; the number in which money was not recouped; and if she will make a statement on the matter. [53368/18]

Regina Doherty (Meath East, Fine Gael)
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Provisions in respect of the recovery of sums overpaid from the estates of deceased customers has been a feature of the social welfare system for several decades. Sections 18 and 19 of the Social Welfare (Miscellaneous Provisions) Act 1960 made provision for this matter with respect to pension payments. The provisions were subsequently broadened to cover other overpayments on other schemes and subsequently repeated in the Social Welfare Consolidation Acts enacted in 1981, 1993 and 2005.

Seeking payments from the estates of deceased customers is one of a range of methods used by the Department to recover sums overpaid. Other methods include deductions from on-going social welfare payments, regular instalment payments, lump sum payments and attachments to financial assets and earnings.

Before any arrangement is put into place, the Department must engage with the customer to agree a suitable arrangement that reflects their personal and financial circumstances and the requirement to repay the debt at quickly as possible. Other debt recovery options may also be required where a person refuses to engage with the Department.

Data for the period 2015 to date is set out in the table below in respect of the number of cases which were managed under the estate process, together with the outstanding value of debt to be managed at the end of October 2018. The debt management systems in place prior to 2015 do not allow for similar data to be generated for years prior to 2015.

Due to technical limitations, the Department is unable to report on the value of the payments received in any particular year in the time available to reply to this question. However, it is possible to say that the difference between the sum raised and the sum currently outstanding is broadly equal to the sum recovered.

In this context, it should be noted that it possible that some cases of debt may have to be written-off in part or in full after a period of time if the estate proves to be insolvent. Similarly, in some cases, settlement of a lesser amount than the sum assessed as overpaid may be deemed to be the most effective course of action to take to secure partial recovery of any sum overpaid.

TABLE: Total number and value of Estate cases raised - 2015-2018 - and balance outstanding at end October 2018

Given the legal and other processes involved, including the need to dispose of property, it can take a considerable number of years to conclude the management of an estate. Where such circumstances exist, payment of any sum due to the Department may be delayed until all processes are completed by the personal representative and executors of the estate.

The table sets out the number and value still outstanding at the end of October 2018.

Table - Number and value of Estate cases outstanding @ end October 2018

I hope this clarifies the matter for the Deputy.