Bernard Durkan (Kildare North, Fine Gael)
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211. To ask the Minister for Employment Affairs and Social Protection the manner in which a person (details supplied) was adjudged to have no entitlement or a reduced entitlement to the guardian's payment, resulting in an overpayment; and if she will make a statement on the matter. [16037/23]

Bernard Durkan (Kildare North, Fine Gael)
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212. To ask the Minister for Employment Affairs and Social Protection the extent to which any ameliorating measures can be evoked in the case of a person (details supplied); and if she will make a statement on the matter. [16039/23]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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I propose to take Questions Nos. 211 and 212 together.

Guardian’s Payment (Non-Contributory) is a means-tested payment made in respect of a child who satisfies the definition of “orphan” under Irish social welfare law. The means test for this payment is based on the means of the child.

Persons awarded this payment are obliged to notify the Department of any changes in their circumstances that may affect their entitlement, including a change in the means of the orphan. A list of reportable changes of circumstance is included in the initial award letter and in subsequent review communications.

In response to a routine questionnaire, received in November 2022, the person concerned advised the Department that the orphan had taken up employment in July 2022. A Deciding Officer reviewed the means to take into account the orphan's average weekly earnings and reduced the rate of payment with effect from 07/07/2022. This resulted in an overpayment of €2,516 which is recoverable by the Department.

The person concerned has lodged an appeal regarding the Deciding Officer's decision. This is currently with the independent Social Welfare Appeals Office.

I trust this clarifies the matter for the Deputy.