Social Welfare Act, 1991
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Furnishing of information to Minister by personal representatives. |
33.— Section 174 of the Principal Act is hereby amended by the substitution for subsection (3) of the following subsections: | |
“(3) The personal representative of a person who was at any time in receipt of a pension shall before distributing the assets of the person— | ||
(a) (i) inform the Minister, by notice, in writing delivered to the Minister, of his intention to distribute the assets, and | ||
(ii) provide the Minister with a schedule of the assets of the estate, | ||
not less than three months before the distribution commences, and | ||
(b) if requested in writing by the Minister within eight weeks of the furnishing of the notice and schedule of assets referred to in paragraph (a), ensure that sufficient assets are retained, to the extent (if any) appropriate, to repay any sum which is determined to be due to the Minister or the State (as the case may be) in respect of— | ||
(i) payment of pension to the person at a time when the person was not entitled to receive the pension, or | ||
(ii) payment of pension to the person of an amount in excess of the amount which the person was entitled to receive. | ||
(3A) Notwithstanding any other provision of this Chapter, for the purposes of determining the sum which is due to the Minister under subsection (3), the means of the deceased person for the period in respect of which pension was paid to him shall, in the absence of evidence to the contrary, be calculated on the basis that his assets at the time of his death belonged to him for that entire period. | ||
(3B) The Minister may mitigate amounts determined to be due in accordance with subsection (3A) where it appears equitable to him to do so.”. |