Written answers

Wednesday, 15 September 2021

Department of Employment Affairs and Social Protection

Social Welfare Payments

Photo of Michael RingMichael Ring (Mayo, Fine Gael)
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477. To ask the Minister for Employment Affairs and Social Protection the way in which an overpayment assessment was reached in respect of a person (details supplied) in County Mayo; and the weekly breakdown of her Department’s reviews and assessments and any other documents that may be relevant to an appeal of this decision by her Department. [43647/21]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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State pension non-contributory is a means-tested payment for people aged 66 and over, habitually residing in the State, who do not qualify for a state pension contributory, or who only qualify for a reduced rate contributory pension based on their social insurance record. Persons awarded this pension are obliged to notify the Department of any changes in their circumstances that may affect their pension entitlement. A list of 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 means-tested payment, is obliged to give notice to the Department of their intention to distribute the deceased's estate and to provide a schedule of the assets of the estate. The personal representative is requested not to distribute the estate until they receive formal clearance 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 had changed, the Department will seek to recover any monies overpaid from the estate.

Following receipt of the schedule of assets relating to the deceased person concerned on 23 November 2020, the case was referred to an Inspector of the Department for investigation. The Inspector wrote to the deceased’s legal representative requesting certain financial documentation, which was subsequently provided. A re-assessment of the deceased’s weekly means, based on new information provided, indicated that the deceased had been overpaid state pension between January 2006 and March 2019 and this finding, together with the assessed overpayment amount, was notified to the legal representative on 23 February 2021.

The detailed overpayment assessment and documentation sought by the Deputy was sent to the Deputy's Dáil Éireann office, by registered post, on 8 September 2021, following an earlier request.

I hope this clarifies the matter for the Deputy.

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