Éamon Ó Cuív (Galway West, Fianna Fail)
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524. To ask the Minister for Employment Affairs and Social Protection when an application by a solicitor (details supplied) for clearance to take out probate and pay out the beneficiaries of a will, will be provided; and if she will make a statement on the matter. [25187/20]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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State pension non-contributory is a means-tested social assistance payment. Following award, claimants are obliged to notify , in a timely manner, any changes in their circumstances that may affect their pension entitlement. A list of the reportable changes of circumstance is included in the initial notification of pension award and in all subsequent review communications issued.

Social welfare legislation provides that the personal representative of a deceased person who at any time received a social assistance payment is obliged to give notice of their intention to distribute the deceased's estate and to provide a schedule of the assets of the estate to the Department . The personal representative is informed not to distribute the estate until a formal clearance letter is issued from the Department.

If, on examination of the schedule of assets, it is found that not all of the deceased’s means had been disclosed, or if the values of previously assessed means have changed, an overpayment of pension may arise and the Department will seek to recover any due debt from the estate.

The deceased person concerned was in receipt of state pension non-contributory. On 18 December, the personal representative was informed of their obligation to provide a schedule of assets. The schedule of assets, received on 27 August 2020, indicates that the deceased may not have been entitled to the rate of pension paid.

The file has been referred to a Social Welfare Inspector to review the pension entitlement. The personal and legal representatives have been informed not to distribute the assets of the estate until a letter of clearance has issued. The Social Welfare Investigator will be in contact with the personal and legal representatives shortly on this matter.

I hope this clarifies the position for the Deputy.