Social Welfare (Miscellaneous Provisions) Act, 1960

Provisions in aid of recovery of overpayments of pension from estates of deceased persons.

19.—(1) The personal representative of a person who dies after the commencement of this Act and who was at any time in receipt of a pension shall, before distributing the assets of the person inform the Minister by notice in writing delivered to the Minister not less than three months before the distribution commences, of his intention to distribute the assets.

(2) A personal representative who contravenes subsection (1) of this section and who distributes the assets of the person whose estate he represents without payment of any sum which is due to the Minister in respect of—

(a) payments of pension to the person at a time when the person was not entitled to receive the pension, or

(b) payments of pension to the person of amounts in excess of the amounts which the person was entitled to receive,

shall be personally liable to repay to the Minister an amount equal to the amount (if any) which the Minister would have received if, in the administration of the estate of the person, the sum aforesaid had been duly taken into account and repaid to the Minister to the extent (if any) appropriate, having regard to the assets of the person, and such amount shall be a debt due by the personal representative to the Minister.