Paul McAuliffe (Dublin North West, Fianna Fail)
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981.To ask the Minister for Employment Affairs and Social Protection for an update on the social welfare clearance of an estate (details supplied).[34976/24]

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 my 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 my 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.

Regarding the particular case that you have referred to, please note that a Deciding Officer has examined the schedule of assets in this matter. Arising from that examination, it has been decided that the Department has no claim against the estate of the deceased. Accordingly, correspondence giving effect to this, has issued to the Legal Representatives of the estate which concludes matters from a social welfare perspective.

I trust this clarifies the matter for the Deputy.