Non-contributory state pension calculation question...?

Dinarius

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My mother-in-law was on a non-contributory State pension. (As a full-time artist she was exempt from tax and PRSI) It was her sole income. She went into a nursing home in 2017 under the Fair Deal Scheme. Part of the Fair Deal arrangement was that 80% of that pension was taken to pay her part of the nursing home costs.

Her house was sold with the deal closing in December 2017 when the proceeds from the sale went into her bank account. That money was used to pay her element of the nursing home costs under Fair Deal. She died last August.

On being notified by us, as part of the process of executing her will, the Department of Social Protection undertook an investigation. They have found that, as a result of her home being sold with the proceeds being on her account (which were used to pay her element of the nursing homes costs as calculated by the HSE), she was overpaid on her non-contributory State pension i.e. the pension should have been halved to take account of the money that was now on her account as a result of her home being sold.

This seems to be standard but grateful to confirm if this is the case.

In addition, does this mean that she overpaid her pension contribution to the HSE for her Fair Deal on the basis that the pension from which 80% was being deducted should have been halved? Is there any advice on dealing with the HSE on that point?

Many thanks for any advice.

D.
 
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