Dáil Éireann Debate, Wednesday - 6 May 2026
590. Deputy Duncan Smith asked the Minister for Social Protection to examine the case of an individual (details supplied) regarding a State Pension (non-contributory); if a senior official from his Department can engage with the family; and if he will make a statement on the matter. [33144/26]
Amharc ar fhreagraState 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.
The person concerned was a recipient of the state pension non-contributory. A schedule of the assets of their estate was received by my Department on 18 August 2023. The schedule was examined by a Deciding Officer and referred to a Social Welfare Inspector who advised the personal representative of the estate of the person concerned on 12 December 2023 that a re-assessment of the means which included previously undisclosed means from capital, indicated that the deceased had been overpaid their State pension.
The Deciding Officer issued a natural justice letter on 06 November 2024 to the deceased’s personal representative and the solicitors representing the estate. The letter outlined the basis of the intended revised decision to raise an overpayment and invited the personal representative, within 21 days, to forward any statement or evidence they wished to make available to the Deciding Officer.
The final decision then issued on 13 February 2025 to the personal representative of the deceased and to the solicitors representing the estate, advising that the person concerned was not entitled to the state pension non-contributory at the rates received during the period the pension was paid. This resulted in an overpayment which is recoverable from the assets of the estate of the person concerned in accordance with Section 335 (b) of the Social Welfare (Consolidation) Act, 2005.
The overpayment was appealed to the Social Welfare Appeals Office, however the Departments decision was upheld. .
It is open to the personal representative of the person concerned or the solicitors representing the estate to repay the overpayment or submit satisfactory proposals.
I hope this clarifies the matter for the Deputy.
