Michael Healy-Rae (Kerry, Independent)
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215. To ask the Minister for Employment Affairs and Social Protection if an issue in relation to an overpayment (details supplied) will be examined and resolved; the reason for the delay; and if she will make a statement on the matter. [23335/24]

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 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.

As outlined in a previous Parliamentary Question raised by the Deputy in this matter, on 3 May 2024, following their review of the deceased's state pension entitlement, a Deciding Officer issued a natural justice letter to the legal and Personal Representatives of the deceased, detailing the assessment of the deceased's means and their intended decision. This letter afforded the personal representatives 21 days to submit to the Department any further information or evidence they felt may be relevant in relation to the deceased's state pension non-contributory claim. On conclusion of the 21 day period, if no communication is received from the Personal Representatives, a formal decision will be made based on the information available to the Deciding Officer at that time and this will be communicated to the Personal Representatives.

I trust this clarifies the matter.