Waterford mother received 'repayment demand' for disability payment days after her son died

Tracy McGinnis had cared for her son Brendan Bjorn for 17 years before he passed away on May 17.

A Waterford mother who received a disability allowance 'repayment demand' just days after her son's death, has been told she will not have to pay it. 

Tracy McGinnis had cared for her son Brendan Bjorn for 17 years before he passed away on May 17.

On Friday, she received a letter from the Disability Allowance Section of the Department of Social and Family Affairs, asking her to refund the €208 paid in the week he died.
Ms McGinnis she said she felt shocked, angry and hurt by the repayment demand.

"I'm on my knees in every way possible. I spent 17-and-a-half years working, 24/7 around the clock - literally. Nursing-level care so that my son could have the best life possible considering he was so profoundly disabled," Ms McGinnis said.

When Brendan was one month old, he was diagnosed with congenital cytomegalovirus, which caused severe brain damage.

Brendan had many health issues including intractable epilepsy, severe cerebral palsy, unilateral deafness, intellectual disability, intestinal functioning issues, osteoporosis, scoliosis, lung disease, hip dysplasia, and pressure sore issues.

Tracy with her two sons, Declan and Brendan

This morning Social Protection Minister Humphreys said the letter “shouldn’t have happened”.

“How anybody thought it was appropriate to send a letter to a grieving mother is beyond me. I have spoken to my officials about it they are going to look at how they handle cases like this in the future,” she said on Newstalk’s Anton Savage show.

She described the letter as “tone deaf” and said “we have to do better… and ensure it doesn’t happen again”.

“All I can do is apologise. We got it wrong here and we have to hold our hands up and accept that,” she said.

Ms Humphreys extended her “deepest sympathies” to Ms McGinnis following the loss of her teenage son.

Asked whether Ms McGinnis would have to repay the €208 disability payment, the minister said: “As far as I’m concerned, this is about common sense and compassion, and no, she won’t have to repay the money.” .

The letter sent by Ms Humphreys’ department stated: “It has come to our attention that Mr McGinnis died on May 17th, payments continued to be collected at the post office up to and including May 18th. This has resulted in an overpayment of €208.” 

The letter continued. “This money now needs to be refunded to the department as you were the agent on Mr McGinnis’s claim I am writing to you for clarification in this matter.”