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High Court, on appeal on a question of law from the decision of the social welfare appeals officer which found that the deceased’s estate had to repay €51,749.50 in overpaid pension which occurred as a result of a failure by the deceased to advise social welfare authorities of changes in her means, and where the decision was challenged on the basis that the appeals officer was irrational and disregarded medical evidence, refuses the appeal on the grounds that there was no error of law, and ultimately the deceased’s lack of entitlement to receive pension arose from an increase in her means as opposed to any issue relating to any medical condition suffered.
Appeal on question of law - relates to decision by social welfare appeals officer - on quantification of liability of estate to repay pension overpaid - under s.327 of the Social Welfare Consolidation Act 2005 (the 2005 Act) - deceased received pension in excess of her means-based entitlement - plaintiff executor of deceased will - received pension at weekly rate of €37 per week - later increase in means reduced weekly amount - from 2009 deceased ceased to qualify for receipt of pension - failed to advise social welfare authorities of change in means - deceased had six accounts which held balances totalling €125k - liability initially assessed at €72k - reduced to 51k on appeal - plaintiff’s solicitors later requested revision of decision - on basis of new medical evidence - appeals officer decided that this material did not demonstrate that the decision of 22 June 2021 was factually erroneous - question of law identified is whether appeals officer acted irrationally in concluding not factually erroneous - that irrational to disregard medical evidence - plaintiff asserts that appeals officer ought to have determined that MW lacked sufficient capacity to advise of her change of means from 2009 or 2010 - court finds that appeals officer did not err in law - appeals officer entitled to conclude that the letter dated 4 October 2022 did not demonstrate that the finding of fact that deceased ceased to have mental capacity to advise social welfare authorities of her change of circumstances after 19 July 2013 was erroneous - court further reaffirms that appellate jurisdiction does not permit it to consider arguments on weight of evidence or inferences - court finds power of the Chief Appeals Officer to revise a decision of an appeals officer on grounds of mistake of fact or law is outside the appeals process - further reaffirmed that deceased lack of entitlement to receive pension arose from increase in means - appeal dismissed.
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