Social Welfare Consolidation Act 2005 section 339

Distribution of asset

Section 339 sets out the obligations of personal representatives to notify the Minister before distributing the estate of a deceased person who received social welfare assistance, and provides for the recovery of any overpayments from the estate.

• A personal representative must give the Minister at least 3 months' written notice before distributing the estate, together with a schedule of assets
• If the Minister requests it in writing, sufficient assets must be retained to cover any assistance that was overpaid or paid when the deceased was not entitled to it
• A personal representative who distributes assets without repaying amounts owed to the Minister becomes personally liable for the debt
• Recovery proceedings against the estate must be brought within 6 years of the Minister receiving the notice or the schedule of assets, whichever is later