Éamon Ó Cuív (Galway West, Fianna Fail)
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393. To ask the Minister for Employment Affairs and Social Protection the status of an overpayment assessment of a State pension 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. [2960/23]

Heather 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. Recipients of state pension non-contributory are obliged to notify the Department of 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 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. They are 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 value(s) of previously assessed means had changed, the Department will seek to recover any monies overpaid from the estate.

In the case the Deputy is querying, the deceased was a recipient of state pension non-contributory. A schedule of the assets was received by the Department on 3 September 2020. Following examination, the Deciding Officer referred the case for investigation to a Social Welfare Inspector, who wrote to the personal representative on 17 September 2020 requesting additional information. The Inspector notified the personal representative on 1 April 2021 that a re-assessment of the deceased’s means based on new information provided indicated that the deceased had been overpaid.

A settlement offer was submitted by the personal representative to the Inspector in February 2022. The offer was not accepted by the Department.

In March 2022, the Inspector referred the case file to a Deciding Officer for consideration and formal revised decision on the pension entitlement of deceased. A natural justice letter issued on 23 September 2022 to the personal representative and the solicitors representing the estate outlining the basis of the proposed revised decision raising an overpayment and inviting the personal representative (within 21 days) to forward any further statement or evidence they wished to make available to the Deciding Officer. To date no reply has been received in this matter.

Irish and EU legislation provides that where a claimant who has incurred a social security scheme overpayment is found to have had an entitlement to another scheme payment, the amount of accrued entitlement of the latter can be used to offset against the overpaid amount, in order to reduce or repay their debt.

The Department has established that the deceased person had no state pension contributory entitlement based on their Irish social insurance record. Any entitlement on the basis of their combined Irish and UK insurance records is being examined. When complete, the Deciding Officer will issue their revised decision, without further delay, to the personal representative and to inform them of their right, if dissatisfied with the decision, to request a review, or to appeal the decision to the independent Social Welfare Appeals Office.

I trust this clarifies the matter for the Deputy.