Éamon Ó Cuív (Galway West, Fianna Fail)
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280. To ask the Minister for Employment Affairs and Social Protection the status of an overpayment assessment of a State pension (non-contributory) in the case of a person (details supplied); the reason for the delay in making a decision on the case; and if she will make a statement on the matter. [46466/22]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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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 my Department of their intention to distribute the deceased's estate, to provide a schedule of the assets of the estate and is requested not to distribute the estate until they receive formal clearance from my 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, my Department will seek to recover any monies overpaid from the estate.

The deceased person concerned was in receipt of means tested state pension non-contributory. A schedule of the assets of the estate was received by my Department on 3 September 2020. The case was referred for investigation to a Social Welfare Inspector, who wrote to the Personal Representative on 17 September 2020 requesting additional information. A re-assessment of the deceased’s means, based on new information provided, indicated that the deceased had been overpaid. The Inspector notified the legal representative on 1 April 2021. The legal representative responded on 27 October 2021, to advise that the deceased’s possible entitlement to a pension from the United Kingdom was being explored.

A settlement offer was submitted to the Inspector in February 2022. The offer, together with the case papers, was returned to the Deciding Officer in March 2022 for consideration. Such cases are processed in date of receipt of a Schedule of Assets order.

The Deciding Officer will examine the case before them without further delay and contact the Personal Representative directly.

I hope this clarifies the matter for the Deputy.