The High Court has dismissed an appeal by P.F., executor of the estate of MW, concerning a decision not to revise the estate’s liability to repay social welfare pension overpaid to MW.
Mr Justice Alexander Owens ruled on 12 March 2024 that the appeals officer did not err in law by refusing, on 9 November 2022, to revise a decision made in June 2021. That earlier decision had reduced the estate’s repayment liability from €72,166.50 to €51,749.50, after finding that MW lacked capacity to report changes in her means from 19 July 2013.
The 2022 request relied on a letter from MW’s GP, dated 4 October 2022, stating that cognitive impairment had been documented in September 2009 and that it would have affected her ability to handle financial affairs and official paperwork. The appeals officer concluded that the letter did not make the earlier finding erroneous in light of new evidence. The High Court held that the officer was entitled to reach that conclusion and had adequately explained it.
The judgment says the 2021 decision had not been challenged by a statutory appeal or judicial review. The court therefore held that P.F. could not use the appeal over the 2022 decision to mount a collateral challenge to the earlier decision. It considered only whether the appeals officer had made a legal error in refusing to revise that decision based on the 2022 letter.
The court said the GP letter did not identify an alternative date when MW became unable to notify the Department of changes to her means, or address evidence that she continued to operate bank accounts and manage her finances. It also rejected the argument that the appeals officer should have referred the medical material to a medical assessor. The court said MW’s pension ineligibility arose from her means, and the officer could assess the medical and other evidence without such a referral.
The appeal was dismissed. The judge’s provisional view was that there should be no order as to costs. That position would become final unless either party gave the registrar written notice within 21 days of the judgment that they intended to apply for costs.