A woman who defrauded almost €70,000 from the State pension for three years after her father’s death has been given until January to sell land left to her by her late mother to fund the payback.
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 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 by which time the sale of a portion of land on Arranmore Island which she was left by her late mother was due to have been sold.
However, barrister for the accused Ms Patricia McCallum told Judge John Aylmer that there had been an unavoidable delay in selling the land.
Ms McCallum explained that 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 and that 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 pay back.
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.
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’.
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.
Ms McCallum said previously that Tynan was a ‘poor candidate’ for prison due to a number of health issues.
Judge Aylmer said previously 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.
Having listened to Ms McCallum’s explanation on the proposed sale of the lands, Judge Aylmer said he understood.
He said “It does appear that genuine efforts are being made although frustrated and they are outside of the accused’s control. It is is the State’s interest to recover the monies and I will exceed to the adjournment request.”
The case was adjourned to the next siting of Letterkenny Circuit Court for final sentencing in January, 20024.
