Written answers

Thursday, 14 November 2019

Department of Employment Affairs and Social Protection

State Pensions

Photo of Alan KellyAlan Kelly (Tipperary, Labour)
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179. To ask the Minister for Employment Affairs and Social Protection the reason correspondence sent to her Dublin Central Oireachtas inquiry email address on 21 and 24 October 2019 failed to receive a response; if she will arrange for the issues raised in an email (details supplied) to be addressed as a matter of urgency; and if she will make a statement on the matter. [46988/19]

Photo of Regina DohertyRegina Doherty (Meath East, Fine Gael)
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The late person concerned was awarded a means-tested State Pension (Non-Contributory) from 16/12/05 to 12/9/14.  The late person concerned reported to my Department that she had received additional capital which when applied to the means test put her means in excess of the statutory limit for receipt of any State Pension (Non-Contributory).  The late person concerned did not receive any further payment from my Department until 29/9/17 when she was awarded a Survivor’s Contributory Pension until her death on 14/7/18.  Survivor’s Contributory Pension is not means-tested. 

Section 339 of the Social Welfare (Consolidation) Act, 2005 requires the personal representative of a deceased person who was at any time in receipt of assistance, (i.e., received a means-tested payment at any time in their life), to provide the Minister with a schedule of the assets of the estate and to ensure that sufficient funds are retained to repay any sum which may be determined to be due to the Minister or the State in respect of payment of assistance to the person when the person was not entitled to receive assistance or payment of assistance in excess of the amount which the person was entitled to receive.  

The inquiry carried out in relation to the estate of the late person concerned has now concluded.  The solicitor for the deceased person has provided the information necessary to confirm the entitlement of the deceased to the payments of a means-tested pension received in the years 2005 to 2014. I am advised that my Department has informed the solicitor of the outcome and that this matter is now concluded.

A response was issued to the Deputy on 13/11/19.

I trust this clarifies the matter for the Deputy.


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