A woman from Letterkenny received almost €70,000 in State pension and benefits for her late father for almost three years after his death.
Shauna Tynan, of Slieve Sneacht, has been given until October to demonstrate a real prospect of repaying the money, after which she will be sentenced.
Tynan, aged 56, received €32,222 in carer’s allowance and €34,265.60 in respect of a State pension following the death of her father in October, 2013.
She was due to be sentenced at Letterkenny Circuit Court this week. Judge John Aylmer, who previously indicated that he was anxious to deal with the matter by way of a non-custodial sentence, has warned that he will ‘completely review’ the matter if this is not forthcoming from Tynan.
Sergeant Harvey Maughan, who was attached to the special investigations unit at the Department of Social Protection, previously told the court he began an investigation in July 2016 after receiving information.
Sergeant Maughan said that Tynan would have been entitled to six payments after the death of her father.
The State pension monies were paid into a joint account in the name of Tynan and her father, while the defendant collected the carer’s allowance in person from the Post Office.
Sergeant Maughan interviewed Tynan in August 2016, when she said she had begun the process of registering her father’s death but did not complete the process as she was ‘having difficulty dealing with his death’.
Barrister for the State, Ms Patricia McLaughlin BL, told the court that the case had been adjourned ‘time and time again’ due to various proposals from Tynan on how she could raise the monies owed. Tynan is is paying the carer’s allowance back at a rate of €21.83 per week with around €12,000 having been repaid to date.
The court heard that it could take over 40 years for the full amount to be repaid at such a rate.
Ms Patricia McCallum BL, for Tynan, instructed by solicitor Ms Alison Parke, said that her client wished to express gratitude to the court for the time given to her.
Ms McCallum outlined how Tynan had been ‘let down’ through an indication from a family member that land could be sold in order to provide a loan while another offer from a different family member to give her money ‘fell through’ subsequently.
The court was told that Tynan is the executor of her late mother’s estate and that, through that estate, she was a 50 per cent share of lands on Arranmore island.
In asking for further time, to enable her client progress the probate, Ms McCallum accepted that she was ‘in a weak position’. She said Tynan was a ‘poor candidate’ for prison due to a number of health issues.
Judge Aylmer said he was ‘very concerned’ about the case, but said he would adjourn the case once more in order to allow the probate to be progressed.
“On the next occasion, I want to be told in firm terms what the value is of the estate and what the reality is of discharging the sum in excess of €30,000 out of that estate,” Judge Aylmer said. “If there is not clear and unambiguous material that shows a real prospect of discharging the sum in the short term, I will completely review the matter.”
In adjourning the case to October, Judge Aylmer said: “This should be seen as a last chance for Ms Tynan to put her best foot forward.”