Michael Healy-Rae (Kerry, Independent)
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335. To ask the Minister for Employment Affairs and Social Protection the status of a payment (details supplied); and if she will make a statement on the matter. [5442/23]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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My Department makes every effort to prevent over-issue of pension payments, but this is sometimes not possible where the death of a pension recipient occurs in the days immediately prior to their next scheduled payment day. 

In the case of the person concerned, payment of the deceased's pension was suspended immediately on 28th November, the day my Department was notified of his death on 21st November.  The overpayment of pension arose because the deceased's pension was lodged to his account on 25/11/2022, prior to the Department being notified of his death. In these circumstances, the standard procedure is that the Department writes to the personal representative of the deceased to request a refund of the pension payment. 

All overpayments, including posthumous pension over-issues, are regarded as a debt to the State and as such every effort must be made to have them repaid.  However, in seeking recovery, consideration is given to personal circumstances.  If a person has difficulty in making the repayment and contacts my Department, it will be possible to facilitate repayment by instalments.  The Department will assist similarly in this case, if required.   

I trust this clarifies the matter for the Deputy.

Michael Healy-Rae (Kerry, Independent)
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336. To ask the Minister for Employment Affairs and Social Protection the status of a domiciliary care allowance application by a person (details supplied); and if she will make a statement on the matter. [5463/23]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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Domiciliary Care Allowance (DA) is a monthly allowance payable in respect of a child aged under 16, who has a severe disability and requires continual or continuous care and attention in the home, substantially over and above the care and attention normally required by a child of the same age and the child must be likely to require this level of care for at least 12 months.  Eligibility for DCA is established primarily and essentially by reference to the degree of ongoing additional care and attention required by the child rather than the child's disability.

An application for DCA was initially received from the person concerned in respect of their child on 20 December 2021.  Their application was disallowed as per decision dated 25 March 2022, as their child was not considered to satisfy the conditions for DCA.

The person concerned requested a review of the deciding officer's decision.

Following a review dated 31 May 2022, a deciding officer having re-examined their complete DCA application including all available information and evidence submitted with their application and the further information and medical evidence that was subsequently provided in support of their review request, decided that a revision of the original decision of 25 March 2022 was not warranted.

A further new application in respect of the child concerned, including new additional information and documentary evidence was subsequently received from the applicant on 04 October 2022.  This re-application was disallowed by a deciding officer on 7 December 2022, as their child was not considered to satisfy the conditions for DCA based on the information and evidence provided by the person concerned.  The deciding officer also considered the opinion of a departmental medical assessor in the re-application decision process.

The applicant requested a review of the above decision.

Following a review dated 04 January 2023, a deciding officer having reviewed their complete application including the further supporting documentation that was provided by the person concerned in support of their review request decided that a revision of the decision of 7 December 2022 was not warranted.  The person concerned was notified in writing of the review decision on 4 January 2023 and of the further right of review and/or appeal to the independent Social Welfare Appeals Office.

I hope this clarifies the position for the Deputy.