Dáil Éireann Debate, Tuesday - 16 December 2025
664. Deputy Aengus Ó Snodaigh asked the Minister for Social Protection the reason a deceased person’s (details supplied) next-of-kin are being pursued for a welfare debt the family were unaware off; the details in relation to same; and if he will make a statement on the matter. [72504/25]
Amharc ar fhreagraFollowing a lengthy investigation, which included correspondence with the claimant's accountant and solicitors, a decision letter issued to the claimant on 10 August 2018 advising him that his pension was revoked for the full period for which it was awarded, as he had failed to provide the necessary documentation for his entitlement to be established. The person concerned was also given the right to appeal the decision to the independent Social Welfare Appeals Office.
As the person concerned has since passed away, section 339 of the Social Welfare Consolidation Act 2005 (as amended) requires the personal representative of a deceased claimant to ensure that sufficient assets are retained, to the extent (if any) appropriate, to repay any sum determined to be due to the Minister or the State. Recovery of any overpayment, therefore, may only be recovered to the extent to which it can be met from the estate, if any, allowing for reasonable funeral and legal expenses for which the estate is liable.
Correspondence issued from my Department's Debt Recovery Unit to the solicitors acting for the estate in relation to recovery of the outstanding overpayment.
I hope this clarifies the matter for the Deputy.
