A Donegal woman who claimed almost €67,000 in pension and carer's allowance payments for three years after her father's death has been given until January to sell land left to her by her late mother in order to refund the money back to the State.
Shauna Tynan, of Slieve Sneacht, Letterkenny had been given one last chance to demonstrate a real prospect of repaying the money.
The 56-year-old received €32,222 in carer’s allowance and a further €34,265.60 in State pension payments following the death of her father in October 2013.
Tynan was due to be sentenced at Letterkenny Circuit Court this week, by which time the sale of a portion of land on Arranmore Island was due to have been sold.
However, barrister for the accused, Patricia McCallum, told Judge John Aylmer that there had been an unavoidable delay in selling the land.
Ms McCallum explained the first estate agent directed to sell the land had a conflict of interest, while the current estate agents, Campbell Auctioneers of Dungloe, had encountered a backlog of sales. Counsel said it would now be two to three weeks before it could go on the market.
Ms McCallum confirmed that Tynan is currently repaying €25.13 each week and has to date repaid more than €10,000.
In respect of the carer's allowance, Tynan has a balance of €21,800 to repay.
Judge John Aylmer had previously indicated that he was anxious to deal with the matter by way of a non-custodial sentence, but also warned that he will "completely review" the matter if this is not forthcoming from Tynan.
Investigation
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.
Sgt Maughan said Tynan would have been entitled to six payments after the death of her father.
The State pension payments 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.
Sgt 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".
The court heard that Tynan is the executor of her late mother’s estate and through that estate she has a 50 per cent share of lands on Arranmore.
Ms McCallum said Tynan was a "poor candidate" for prison due to a number of health issues.
Judge Aylmer previously said he was "very concerned" about the case, but further adjourned the case in order to allow the probate to be progressed.
Having listened to Ms McCallum's explanation on the proposed sale of the lands, Judge Aylmer said he understood the matter.
"It does appear that genuine efforts are being made, although frustrated, and they are outside of the accused's control."
He added it is in the State's interest to recover the funds, granting the request for an adjournment.
The case was adjourned to the next sitting of Letterkenny Circuit Court for final sentencing in January 2024.
