Dáil Éireann Debate, Thursday - 30 April 2026
361. Deputy Brian Brennan asked the Minister for Social Protection if taking into account the on-going case of a person (details supplied) their weekly pension deduction and the overpayment decision will be reviewed; and if he will make a statement on the matter. [31751/26]
View answerThe person concerned was recently awarded State pension contributory, at a weekly rate of €303.50 plus a living alone increase of €22.00, following the award of long term carers contributions. The award was backdated to 1/1/24, the date from which long term carers contributions were introduced.
The claimant has an outstanding debt of over €186,000, arising from overpayments of State pension non-contributory, Carer's Allowance and the Carer's Support Grant (formerly Respite Care Grant), assessed due to the non-disclosure of means consisting of capital in the bank. Legislation provides for the deduction of 15% of a person's personal rate of payment and for the withholding of arrears, without the consent of the person concerned, for the recovery of debts.
Letters issued to the person concerned proposing a deduction of €45.50 from their weekly pension and the withholding of arrears due, to offset against the debt. The letters advised that they should contact the Department if there were any facts or circumstances they would like to be considered, before any deductions were made. The claimant responded, objecting to any deductions and submitting a number of invoices. A response issued to advise them that, while the contents of their correspondence had been noted, weekly deductions would commence on 17/4/26. A decision has not yet been made on the withholding of pension arrears.
The Department does everything it can to avoid overpayments arising but, where they do, every overpayment is a debt to the Exchequer and every effort must be made to recover the amount(s) outstanding. However, consideration is given to customers who contact us in relation to the recovery of overpayments, always with a view to coming to a mutually agreeable arrangement, both prior to any deductions being made from customers’ payments and at any stage thereafter if people make contact to say that they are experiencing difficulties in making repayments.
In this case, a further letter issued to the claimant requesting the submission of bank statements for the last six months, to assist in a decision being made regarding the withholding of their pension arrears or the release or partial release of the arrears due.
In relation to a review of the overpayments raised, an appeal of the non-contributory overpayment to the independent Social Welfare Appeals Office was unsuccessful and subsequent applications for a non-contributory pension were disallowed. Following a review in 2022, the amount of the carers and respite overpayments were reduced.
I hope this clarifies the matter for the Deputy.
