Skip to main content
Normal View

COMMITTEE OF PUBLIC ACCOUNTS debate -
Thursday, 2 Mar 2006

Chapter 15.4 — Prosecutions.

Mr. J. Hynes (Secretary General, Department of Social and Family Affairs) called and examined.

The matter on the agenda is the 2004 annual report of the Comptroller and Auditor General and Appropriation Accounts, Vote 38 — Department of Social and Family Affairs, chapter 15.1 — personal public service numbers; chapter 15.2 — agency services — encashments; chapter 15.3 — overpayments; and chapter 15.4 — prosecutions.

Witnesses should be made aware that they do not enjoy absolute privilege before the committee and should be apprised as follows. Members' and witnesses' attention is drawn to the fact that, as and from 2 August 1998, section 10 of the Committees of the Houses of the Oireachtas (Compellability, Privileges and Immunities of Witnesses) Act 1997 grants certain rights to persons who are identified in the course of the committee's proceedings. These rights include the right to give evidence, produce or send documents to the committee, appear before the committee, either in person or through a representative, make a written and oral submission, request the committee to direct the attendance of witnesses and the production of documents and the right to cross-examine witnesses. For the most part these rights may be exercised only with the consent of the committee. Persons invited before the committee are made aware of these rights and any persons identified in the course of proceedings who are not present may need to be made aware of them and be provided with a transcript of the relevant part of the committee's proceedings if the committee considers this appropriate in the interests of justice.

Notwithstanding this provision in the legislation, I remind members of the long-standing parliamentary practice to the effect that they should not comment on, criticise or make charges against a person outside the House or an official either by name or in such a way as to make him or her identifiable. Members are also reminded of the provisions under Standing Order 156 that the committee shall also refrain from inquiring into the merits of a policy or policies of the Government or a Minister of the Government or the merits of the objectives of such policies.

I invite Mr. John Hynes, Secretary General of the Department of Social and Family Affairs to introduce his officials.

Mr. John Hynes

I am accompanied by Ms Bernadette Lacey, director general of social welfare services with overall responsibility for delivery of services and Mr. John Doyle who is in charge of the Department's accounts branch. I am also accompanied by Eoin Ó Broin, director, who is responsible for regional operations of the Department and for the control programme, Ms Patricia Murphy who is the principal officer in charge of the client identity services branch with responsibility for the management of the PPS number and Mr. Niall Barry, director, who is in charge of information systems and identity services in the Department.

Would the Department of Finance officials introduce themselves?

Mr. Dermot Quigley

I am a principal officer in the social welfare Vote section in the public expenditure division. I am accompanied by Mr. Jim O'Farrell, principal officer in the section dealing with organisation management and training.

I invite the Comptroller and Auditor General to introduce Vote 38 and chapters 15.1, 15.2, 15.3 and 15.4.

Paragraphs 51.1 to 15.4, inclusive, of the report of the Comptroller and Auditor General read:

Personal Public Service Numbers

The PPS Number is a unique client identifier used by Departments and Agencies for accessing Government Services. PPS numbers are issued by the Department of Social and Family Affairs (the Department) and up to 1991 had also been issued by the Revenue Commissioners (as the Revenue and Social Insurance number — RSI).

The Department's Central Records System (CRS) currently holds about 5.9 million records and is the core of the Department's client oriented functions. It is the source database for the new Public Service Identity (PSI) system provided for in the Social Welfare (Miscellaneous Provisions) Act, 2002.

The Department set up the Client Identity Service (CIS) in 2000 to manage the PPS number registration system.

Issue of PPS Numbers

Table 1 gives details of PPS numbers issued in the last 4 years.

Table 1

Source

2001

2002

2003

2004

Newborns

56,000

71,000

63,000

69,000

Local Offices

111,000

92,000

78,000

123,000

Asylum Seekers

10,000

11,000

8,000

4,000

Other

45,000

45,000

44,000

25,000

Total

222,000

219,000

193,000

221,000

Table 2 shows a breakdown of applications in 2004 by EU and non-EU nationals.

Table 2

Nationality

Number

Ireland

87,000

EU States excluding Accession States

38,000

EU Accession States

58,000

Other Countries

36,000

Total

221,000

Registrations at Birth

PPS numbers now issue automatically following communication of birth registration from the General Register Office's recently developed computerised civil registration service. All major hospitals provide inputs to the system.

Local Office Applications

General applications for PPS numbers are mainly processed by 125 local and branch offices. Applications must be supported by birth certificate and/or valid photographic identity e.g. Passport or National Identity Card and evidence of residence in the State. Applicants are also required to state the reason for their application.

Staff are required to check the authenticity of supporting documents and refer doubtful cases for checking by document fraud experts. Suspect documents cannot be held if applicants insist on their return. From August 2004, local office staff were instructed to refuse applications only where there was proof of identity fraud. A tolerance is allowed where some non-nationals may not be able to produce certain documents.

Asylum Seekers

PPS number applications by asylum seekers who have obtained identity cards from the Office of the Refugee Applications Commissioner are processed by a dedicated unit in liaison with that office.

Other Applications

Community Welfare Officers employed by Health Boards allocate PPS numbers to applicants for Supplementary Welfare Allowance who do not have a PPS number.

The Pension Services Office allocates PPS numbers to pension applicants who have not previously got a PPS number, mostly non-resident cases with pension entitlements in Ireland including pre-1953 cases.

PPS numbers are allocated by individual scheme units to persons who make application for a welfare scheme but who are not previously registered.

Client Identity Service also issues PPS numbers, mainly to solicitors in respect of estate cases.

Recent Reviews of the CRS System

Reviews and audits have been carried out on the system for processing and registering applications for PPS numbers in the past five years as follows

·Internal Evaluation of Identity Fraud — 2000

·Internal Audit Review — 2003

·Southern Region Identity Project — 2004

·External Data Quality Audit — 2004.

The reviews indicated that

System Issues

·More than one PPS number could be allocated to a client when processing was completed on the same day by different members of staff. In a test 41 duplicates were found in one month.

·The system name check facility to establish that a PPS number had not already been allocated to the client was not applied to non-nationals because the system did not recognise foreign names.

·Fraudulently obtained PPS numbers could not be deleted, flagged or rendered unusable.

Processing Issues

·32,000 PRSI contribution records forwarded by Revenue could not be traced.

·Source documents were not being requested or verified where exceptional or one-off applications e.g. estate cases, were being made. There were no checks on further activity in these cases.

·Key fields on client records were not always completed or accurate. An external audit of data consistency and completeness in 2004 found an overall level of quality of 88%. 10,000 invalid PPS numbers needed to be corrected or purged and 35,000 — 50,000 cases needed address amendments.

·Acceptance of asylum seekers' identity cards conflicted with the rigid demands made of other applicants.

Consequences

·Many bogus applicants already had PPS numbers and frequently were asylum seekers in receipt of state benefits.

·The use of bogus PPS numbers was giving their holders entitlements to welfare benefits.

·The internal evaluation in 2000 tested a random sample of 1,593 PPS numbers issued to purported EU applicants (deemed high risk). 10% of these turned out to have been fraudulently obtained. There was also a significant number of ‘suspicious' other cases.

·The internal evaluation in 2000 estimated losses at €25 million to €50 million per annum.

·PPS numbers could be used to help open bank accounts, obtain credit cards etc. The system might be discredited.

·A Client Identity Service Control (CIS Control) investigation into employers' recruitment practices confirmed that considerable numbers of PPS numbers had been obtained on foot of false documentation or were being used by persons to whom they did not belong.

·The work permit system was being circumvented by identity fraud.

Review Recommendations

Key recommendations made arising from these reviews were to

·Implement procedures for notifying and flagging misused numbers.

·Notify employers of the requirements for employing non-nationals.

·Establish a multi-agency task force to recommend action on identity fraud.

How these findings were addressed by the Department

The main actions taken by the Department in response to these findings were to

·Put in place a training programme to create an awareness of identity fraud and control needs.

·Introduce more rigorous processing at public counters.

·Install ultra-violet scanning equipment.

·Ask suspect applicants to apply in the language of their declared nationality.

·Refer suspect cases to CIS Control for investigation.

In 2003, the Department established a liaison with the Garda National Immigration Bureau. This liaison has resulted in estimated monthly savings of approximately €300,000 mainly from asylum seekers involved in identity and welfare fraud.

Revenue Internal Audit — 2004

An internal audit carried out by the Revenue Internal Audit Unit confirmed that improperly obtained PPS numbers were used to access State services and benefits and that non-nationals, in particular, presented a serious risk. The absence of tax record details on such persons was a problem. It also found that passports and driving licences could no longer be relied on as means of identity. Checks over a 2-week period at the public counter of the Central Revenue Information Office cast doubts on the validity of the identity of 70 callers who presented a PPS number at the counter. Revenue Internal Audit was of the view that there was a low level of awareness of identity fraud issues and related abuses among Revenue staff.

The audit unit recommended formalising communications with the Department to ensure appropriate action is taken by Revenue in identity fraud cases. It also recommended a working group to counter the risks to Revenue posed by such fraud.

Client Identity Service Control (CIS Control)

Referral Activity

The Department's CIS Control monitors identity fraud issues, assists in drawing up procedures for processing applications, investigates suspect documents and provides document recognition training to Local Offices. Table 3 provides details of Local Office referrals to CIS Control for 2002 to 2004.

Table 3

Year

2002

2003

2004

Number of referrals

635

466

752

Number of referrals found fraudulent

204

142

324

Arrests

12

44

69

An analysis of the fraudulent cases for 2004 shows that 303 of the applications were from non-nationals who presented false/forged documents purporting to be from EU States, 20 were other non-national documents and 1 was Irish documentation.

Monitoring Activity

CIS Control monitors the issue of PPS numbers in Local/Branch offices for unusual trends, mainly the targeting of offices by human traffickers.

·An examination of the PPS Number application process at a Branch Office revealed extensive non-compliance with Departmental procedures between 2001 and 2003.

·Branch Office Inspections carried out in 2004 revealed risk patterns in 4 Branch Offices during 2004. 95 bogus applications were found at 3 offices with a smaller number in the other.

·An inspection of ‘hijacked' PPS numbers at an employment agency, found 35 cases where false/forged documentation had been supplied in support of applications for employment. A data matching exercise with the agency's records revealed up to 20 cases of double identity where Supplementary Welfare Allowance was claimed under one of the identities.

·314 compromised PPS numbers were identified in extended tests, including cases claiming welfare under an alternative PPS Number.

Audit Assessment

My review of the processing and control systems in place indicates that the detection of identity fraud and the prevention of issue of PPS numbers to bogus applicants or the issue of duplicate PPS numbers to persons already in possession of a valid PPS number is very much dependent on the vigilance of counter staff. It is vitally important that these staff have sufficient back up available to them and the support of a tried and tested quality assurance system.

The completeness and accuracy of data on CRS is vital to ensure the reliability of client identification available to the Department. This is even more crucial since the database is to be the foundation of the proposed new Public Service Identity System. It is clear that the principle of a unique identifying number for each client is fundamental to the success of that project. At the same time the Department's welfare and social insurance schemes, and the Revenue Commissioners' tax collection systems are dependent on the integrity of the data underpinning the CRS.

My review of the operation of the CIS Control unit found that

·Investigation work has been beneficial in identifying bogus registrations.

·The Unit is also beneficial in detecting abuses of the welfare system.

·There are difficulties in establishing the real identities of some suspect cases.

·There is need for adequate resources to ensure bogus cases are promptly dealt with.

·There is need for feedback on cases referred to other sections and agencies for follow up.

·There is also need for a structured approach to tackling identity fraud among potentially affected agencies.

In the light of the importance of the system for allocating PPS numbers, I sought the Accounting Officer's views on the findings of my examination.

Accounting Officer's Response

The Accounting Officer agreed that the history of the issuance of RSI/PPS numbers reveals considerable shortcomings. As a general comment, he was of the view that the position overall was better than the audit assessment appeared to indicate. As well as putting in place and continuously improving operational structures, the Department had taken a strategic approach to improving the functions of the PPS number and this had led to the development of a number of strategic projects.

When the Department took over the PPS number registration process in 2000, it was recognised from the outset that the CRS database had been in existence from 1979. It was not at that time envisaged that the RSI Number (now the PPS Number) and related data would be used for the purpose of supporting all public services. His Department recognised that the system required improvement. An external audit, commissioned by the Department in 1996 found that, where the Department held data, it tended to be accurate but did note areas where data was incomplete. He is of the view that considerable improvement in the integrity of the data has been achieved. This is evidenced by improvements shown in Table 4.

Table 4. Trends in Data Quality 1998 to 2004

Date

January 1998

February 2002

February 2004

December 2004

Total Clients

5,336,795

4,823,257

5,187,193

5,298,078

With Date of Birth

86.89%

94.03%

94.83%

95.3%

With a Verified Date of Birth

34%

64%

68%

70.0%

Mother’s Birth Surname

42%

65%

68.3%

70.0%

The CIS policy on data cleanup has been that direct contact with the client has not been considered necessary, efficient or optimal from the client service perspective when other areas of the Department are already in contact. However, CIS is examining situations where a number of agencies have had difficulty establishing the correct data for a client and is considering contacting the client in these instances.

He said that significant measures have been and are being taken to deal with both the results of the historical shortcomings and with future challenges in this area. He pointed out that, while the Department has taken a lead in implementing several measures of importance within the overall ‘eGovernment' area, the topic cannot be considered solely as being one within its area of responsibility. Proposals in connection with the development of a framework for a public service card, known as the Standard Authentication Framework Environment or SAFE, and based on the PPS number, are currently being worked on under the aegis of an interdepartmental group and, associated with this, proposals are being developed for a national identity management and privacy protection policy. It is expected that this programme of work will be completed within the next 18 months.

Departmental Role

It is the Department's view that its responsibilities centres around the registration process, leading to the allocation of a PPS Number, and subsequent authentication and eligibility checking in respect of its own services. While the Department is aware of the value of possession of the PPS Number it would not be practicable for the Department to pursue the eligibility aspect of the use of the PPS Number for all these other users' purposes or to pursue written confirmation of their clients' reason for obtaining the PPS number.

He stated that the Department supports other agencies in their establishment and use of the PPS Number. Agencies have been issued with a Code of Practice on the PPS Number, which lists the documents that can link the PPS Number to the individual. Likewise, an information leaflet on the PPS number also addresses this. Employers have been advised by Revenue to seek back up confirmation that the quoted PPS Number belongs to the individual using it.

Identity Fraud

The Department has always been aware of identity fraud in the context of persons claiming social welfare benefits. There are legitimate concerns about ‘identity fraud' and a need for a robust control system to address these concerns. The Department has an ongoing operational strategy under development for furtherimprovement in identity fraud controls. Since 2000, considerable progress has been made in advancing and improving this area of work although there is, undoubtedly, scope for further improvement. Allocation of the PPS Number as an identity reference number needs to focus on the production of sufficient evidence to establish the uniqueness and integrity of the identity. Procedures at registration, and supporting structures e.g. CIS Control, have concentrated on supporting the detection of bogus identities at registration.

The Accounting Officer pointed out that Internal Evaluation of Identity Fraud in 2000, which estimated potential losses from identity fraud of between €25 million to €50 million, was carried out soon after the Department had taken sole control of the registration process. The estimate was highly speculative and based on the possibility of fraudulent claiming rather than on actual experience.

Operational Structures

He informed me that the Department is satisfied that counter staff in local offices are fully competent to perform the PPS number registration function with appropriate back-up services and this is the approach which is being taken.

A planned reduction of the number of offices allocating PPS Numbers to one per county will allow for increased co-ordination and the dissemination of document expertise. CIS Control will be able to support an increased co-ordination and training role. It is not proposed that a back office function will be established, as this would not support the face-to-face process.

The Department also plans to incorporate its inspectorate more closely in this work, in order to increase its focus on the issue of hijacked and bogus identities, as well as improving the support to local offices at registration.

The Accounting Officer indicated that major improvement plans included flagging temporary and inactive PPS numbers, highlighting numbers requiring an identity recheck and the possible publication of suspect numbers. In this regard the Department is engaged in a process of flagging inactive or dormant records and to date 600,000 have been flagged.

Legal advice has been obtained which states that the Department can retain documentation for checking and the introduction of a specific supportive legislative provision is also under consideration.

The Department plans to remove the PPS number allocation function from Branch offices and negotiations have already commenced on this.

In relation to "recent arrivals in the country", the Department has data sharing arrangements with the Garda National Immigration Bureau and Office of the Refugee Applications Commissioner for increased cross-departmental co-operation on identity procedures for those with limited identity documentation. The Department considered an Internal Audit recommendation for an alternative numbering system for asylum seekers but rejected the recommendation as being contrary to the policy of a single unique identifier for all public services.

Fraud and Error Surveys/Identity checks

Since 2004, a client identity check has been included as an integral part of the fraud and error survey process. Inspectors are asked specifically to confirm identity as part of their investigations. Surveys have been undertaken and completed on the Child Benefit and Family Income Supplement Schemes, with resulting fraud and error rates of 2.3% and 3.2% respectively. Identity was not a significant issue for either of these schemes. A survey on the Disability Allowance scheme, which commenced in early 2005, is almost completed; the initial indications are that identity is also not a significant issue for this scheme.

15.1 Agency Services — Encashments

The Department of Social and Family Affairs makes payments to its customers by means of cheques, electronic fund transfers (EFT), personalised payable orders (PPOs), post drafts and postal vouchers. Up to 59 million payment instruments are issued annually.

Charges to the accounting records of the Department are based on statements of encashment received from An Post and on payment issue records from the bank. A fundamental control in the preparation of the financial statements is the reconciliation of An Post/Bank statements to the accounting records involving the matching of payments issued to encashments. A number of matters were identified on audit as follows

An Post

·The service agreement with An Post requires it to supply to the Minister — before the 31st day of March in each year — statements, certified by An Post's statutory auditors, of the volume and value of transactions processed by it in the preceding year. None have been provided in recent years.

·Over a period of three and a half years, An Post claimed almost €2 million in respect of encashment documentation categorised as ‘Lost in Transit' but no details were provided.

·The matching of the Department's record of issues to claims for their encashment by An Post revealed unreconciled items totalling in excess of €800,000. The types of unreconciled items were; no apparent issue; wrong amount; cashed after it had already been cashed; cashed after stopped. An Post applied stop payment notifications in only 40% of cases.

·The full value of An Post claims including items in dispute was charged to the accounting records as scheme expenditure.

Banks

The reconciliation of bank balances to the accounting records for old Punt accounts and recently opened euro accounts revealed unexplained differences. The differences on four of the Punt accounts were charged to scheme expenditure. The Department could not provide listings of outstanding cheques.

I sought the views of the Accounting Officer on these matters.

Accounting Officer's Response

Payment and Agency Reconciliation Project

The Accounting Officer informed me that work on a new Payment and Agency Reconciliation Project (PARP) commenced in autumn 2002 following a detailed internal review which highlighted a number of issues including difficulties in reconciling some of the Department's bank and An Post accounts.

The objective of PARP is to provide an integrated reconciliation solution, which will reconcile all the Department's payment instruments and the associated agency accounts. The systems to be replaced have been in operation since 1986 and are not linked to the Department's main financial recording system. The project is now proceeding to tender and implementation stages. It is envisaged that a new system will be in place by end 2007.

An Post

Reconciliation of Claims

The Accounting Officer stated that An Post provides the Department with monthly claims. The procedures used to reconcile these claims have been in existence since the introduction of the service agreement with An Post.

The Department has identified some changes that are necessary to the existing accounting arrangements and is consulting with An Post with a view to having these changes effected.

While the majority of the encashments reported by An Post can be verified, there are always small numbers of exceptions. An Post is notified of these exceptions. The current systems and accounting arrangements do not provide the Department with an independent means of verifying whether these exceptions have been reflected in amendments to the claims submitted to it by An Post.

The Department is also pursuing the introduction of new procedures to facilitate the handling of exceptions and the introduction of suspense accounts pending resolution of exceptions.

An Post has, to date, declined to make any changes to the current arrangements as its accounting systems cannot accommodate the changes proposed because of the level of detail required by the Department. The Department's proposals would require fundamental changes to An Post's systems and it is not in a position to make these changes.

The Accounting Officer said that it may not be possible to effect any change in the Department — An Post arrangements until a new service agreement comes into force. The Department is however reviewing accounting procedures for the An Post account, to determine if some changes to the existing arrangements can be effected independently of An Post.

Certified Statements

As regards the provision of certified statements, the Accounting Officer confirmed that An Post has not supplied certified statements for a number of years. It was not possible to have this certification shortcoming rectified in time for the 2003 Annual Statement. For 2004, An Post was formally notified in January 2005 that a statement certified by their Statutory Auditors would be required. This certification was to be provided before 31 March 2005, but has not been received to date.

‘Lost in Transit' Claims

The Accounting Officer informed me that claims in respect of lost encashment documentation for the period November 2000 to June 2004 arose when this documentation failed to turn up at An Post processing offices. A particular problem related to some of the 467 non-automated post offices.

Following a review by the Department's Internal Audit, An Post was requested in January 2005 to

·Consider the introduction of more secure and accountable arrangements to handle and manage encashment documentation.

·Submit claims to the Department in respect of lost documentation from post offices in a more timely fashion.

Claims made by An Post for post offices that make high value and recurring ‘lost in transit' claims were also of concern to the Department.

The Department has asked An Post

·For details of the actions taken to investigate high value and recurring claims.

·To outline measures introduced to prevent further repeat claims for lost documentation.

Reconciliation Exceptions

The Accounting Officer outlined the position in relation to each type of personalised payable order exception referred to

No Apparent Issue

These occur where there is an encashment but no corresponding issue. An Post has rejected claims made by the Department for these and has consistently maintained that they were valid encashments but, arise due to scanning errors or errors in the Department's issue records.

In January 2005, An Post disputed a claim for €167,000 made by the Department for these on the basis that they arose because of printing errors. The Department has raised the issue of print quality with its printers. The rate of exception in this instance is consistent with the print error rate of 0.003% and 0.006% considered by the printers as inevitable.

The Department is currently reviewing its options in relation to these cases. The Department may insist that An Post recovers all the relevant vouchers to physically confirm they are valid encashments. This would however incur additional costs for both the Department and An Post.

It may pursue other options to provide a better value for money solution.

Wrong amount cashed

Where the encashment amount differs from the issue amount An Post has undertaken to reimburse the Department.

Cashed after Cashed

This category arises where a payment item is cashed twice in error by the post office. An Post has not accepted this claim category and has not reimbursed the Department to date.

Wrong Amount and Cashed after Cashed claims for the period 2001 (part) — 2004 amounting to €631,542 were notified to An Post in April 2004 and January 2005.

Cashed after stopped

These cases arise when the Department requests An Post not to cash a voucher (i.e. place a stop on it) but the voucher is still paid by the post office.

The Department's systems automatically refer such cases for investigation to line sections. An Post is billed for overpayments arising due to post office error. Otherwise the matter is referred to the Department's Debt Management Section for follow-up recovery of the overpayment.

In 2004, approximately 4,250 cases were investigated by the line sections. Refunds were sought from An Post in 67 instances. An Post refunded €31,000 in respect of 47 cases.

Banks

The Accounting Officer informed me that the reconciliation differences with the banks have arisen as a result of the complex nature of current reconciliation processes.

Reconciliations were finalised on four Punt Accounts in August 2003. Any remaining balances on the bank statements were transferred to the parallel EURO bank accounts. Unreconciled balances, which relate mainly to unmatched cheque payments, were re-charged to scheme expenditure.

In parallel with the PARP project, considerable work has taken place to resolve unreconciled differences. Progress has been achieved and appropriate adjustments reflected in the accounts. Work continues to resolve the remaining unreconciled amounts. The Accounting Officer informed me that at the end of the process, Department of Finance sanction may be sought to write off or otherwise resolve any remaining unreconciled amounts.

A detailed report of outstanding cheques is not currently available. Steps have been taken to address this particular concern and it is expected that listings will be available for the audit of the 2004 Social Insurance Fund financial statements.

15.2 Overpayments

The Department of Social and Family Affairs administers some 50 welfare schemes paid through Vote 38 and the Social Insurance Fund. Expenditure on assistance and insurance schemes was €5.82bn and €5.08bn respectively in 2004.

Tables 5, 6, 7 and 8 outline overall expenditure on various schemes over the period 2000 to 2004, and for the same period, the amounts recorded as overpayments, the amounts of overpayments attributed to fraud or suspected fraud and the Department's cumulative record of recovery since 2000.

Table 5. Scheme Expenditure

2000

2001

2002

2003

2004

€m

€m

€m

€m

€m

Social Insurance

2,993

3,517

4,198

4,649

5,081

Social Assistance

3,425

3,983

4,940

5,460

5,821

Total

6,418

7,500

9,138

10,109

10,902

Table 6. Number and Amount of overpayments recorded for recovery (Numbers shown in brackets)

2000

2001

2002

2003

2004

€m

€m

€m

€m

€m

Social Insurance

6.39 (15,252)

6.79 (15,786)

9.72 (23,723)

10.60 (26,174)

12.04 (26,131)

Social Assistance

20.59 (18,110)

19.26 (14,274)

19.41 (15,084)

28.77 (17,459)

44.23 (20,000)

Total

26.98 (33,362)

26.05 (30,060)

29.13 (38,807)

39.37 (43,633)

56.27 (46,131)

The increase in the value of Social Assistance overpayments recorded in 2004 was mainly attributable to the specific targeting in that year by the Department's Earnings Review Unit of persons in receipt of Unmarried Lone Parent and One Parent Family payments. This work had commenced in 2003. See also Table 7 below:

Table 7. Number and Amount of overpayments attributed to fraud or suspected fraud (Numbers shown in brackets)

2000

2001

2002

2003

2004

€m

€m

€m

€m

€m

Social Insurance

3.39 (5,159)

3.27 (5,321)

4.43 (8,089)

5.00 (9,567)

6.19 (10,723)

Social Assistance

10.89 (7,466)

7.73 (5,350)

7.36 (5,696)

8.73 (7,114)

12.46 (8,435)

Total

14.28 (12,625)

11.00 (10,671)

11.79 (13,785)

13.73 (16,681)

18.65 (19,158)

The amount of overpayments attributed to fraud or suspected fraud compared to total overpayments since 2000 is summarised inFigure 1.

Figure 1

The Department's record of recovery of overpayments during the period 2000 to 2004 is shown in Table 8.

Table 8. Department's record of recovery of overpayments 2000 to 2004

2000

2001

2002

2003

2004

€’000

€’000

€’000

€’000

€’000

Overpayments not disposed of at 1 January

60,581

64,374

65,452

70,621

85,953

Overpayments recorded for recovery

26,982

26,049

29,130

39,367

56,275

Less

Overpayments recorded in prior years cancelled

(447)

(668)

(394)

(381)

(693)

Sums recovered in cash

(7,464)

(9,873)

(8,892)

(10,397)

(11,506)

Sums withheld from current entitlements

(4,999)

(5,185)

(6,734)

(6,521)

(8,332)

Net amounts written off as irrecoverable

(10,279)

(9,245)

(7,941)

(6,736)

(6,396)

Overpayments not disposed of at 31 December

64,374

65,452

70,621

85,953

115,301

Of the €115,300,783 overpayments outstanding at 31 December 2004 — €42,531,270 dates from 2004; €24,614,415 from 2003; €14,817,063 from 2002 and €33,338,035 from earlier years.

Shortcomings in the Overpayments Recording System

In my Value for Money Report on the Evaluation of Control Activity in the Department completed in November 2003 I drew attention to shortcomings in the system for recording overpayments.

In 2004, the Department's Internal Audit also drew attention to significant limitations in the reporting and recording system for overpayments. Other recent Internal Audit reports highlighted discrepancies between the records maintained by scheme payment sections and local office records and central overpayments system records.

Matters reported were

·Revised claim decisions applied from a current date simply to avoid having to raise an overpayment.

·Overpayments and recoveries not reported or substantially in arrears.

·Recovery not pursued.

·Recoveries notified to the overpayments system for which there was no corresponding overpayment record.

In the course of an audit of the Pensions Service Office carried out by my Office in February 2005, it was found that in a sample of overpayment records with ongoing recoveries some could not be traced to the overpayments system. This finding was confirmed by a matching exercise which had been independently carried out by the Department and which had identified 1,947 such records.

In view of the importance of the overpayments data as a measure of the Department's performance in relation to the proper distribution of welfare payments and the effectiveness of control activity, I asked the Accounting Officer for his observations on issues highlighted by his Department's own reviews and those arising from my audit. In particular, I invited his comments on the accuracy of the data provided by the overpayments system.

Accounting Officer's Response

The Accounting Officer informed me that the computer system for recording overpayments and recovery details currently in use in the Department has been in place since 1987. It is essentially a stand-alone system and does not interface with the Department's other computer systems. It requires a high degree of manual inputting of data, which is a time consuming process.

The manual nature of the notifications of overpayments and recoveries as well as the number of steps to be taken means there is a time lag between the overpayment/recovery occurring and the recording of the information on the system. The result is that data on the overpayments system is not always up to date. There is an increased likelihood of incomplete or incorrect data being entered on the database as well as the omission of other data from the database. The process is both slow and labour intensive.

He added that while management in Disability Benefit Unit disputed the extent to which revised decisions were applied from a current date, additional measures were put in place following the internal audit to ensure that the correct procedures were followed. As legislative provisions require that retrospective decisions should apply in all fraud cases guidelines are being prepared to emphasise this and ensure consistent application across all schemes.

As regards the problems experienced in the Pensions Service Office, he said it was unclear whether the recovery details in question had been notified for updating onto the overpayment system. These cases are now being examined in order to establish the amount recovered and whether the details have been forwarded for updating to the overpayments system. They are time consuming to deal with and to date a total of over 600 of these cases have been dealt with.

He pointed out that the effective pursuit of overpayments on a continuous basis in respect of closed claims (customers not currently in receipt of welfare) is subject in a number of instances to the resources and other exigencies that exist in local offices. In 2004, four regions undertook projects to expedite the recovery of overpayments for closed claims. The projects have been evaluated and, as a result, guidelines are currently being drafted to develop best practice in local offices to ensure that available resources are targeted effectively with particular reference to customers who have returned to employment. In addition, procedures are being drafted to include a role for the Inspectorate in the process.

He informed me of initiatives taken recently to improve the accuracy, completeness and timeliness of the data on the current overpayments system

·All payment areas were reminded of their responsibilities in relation to overpayments and their recovery.

·Cases where there have been difficulties associating recoveries with the relevant overpayments were examined and as many of these as possible were entered on the overpayments system in time to be reflected in the 2004 accounts. Unresolved cases have been sent to the relevant pay area for additional details.

·The first phase of a new overpayments system is scheduled to go live early in 2006.

15.3 Prosecutions

Cases involving abuse of the system are considered with a view to taking legal proceedings. Prosecutions are taken against employers who fail to carry out their statutory obligations and persons who defraud the social welfare payments system. Prosecutions can either be by summary or indictment proceedings. Civil proceedings are taken to facilitate the recovery of scheme overpayments or the collection of PRSI arrears. Such cases are only taken where it has been established that the debtor has sufficient means to discharge the debt.

During 2004, 476 criminal cases (2003 — 355 cases) were forwarded to the Chief State Solicitor's Office for prosecution as shown inTable 9.

Table 9. Criminal cases forwarded to the Chief State Solicitor

2004

2003

Unemployment Assistance

191

146

Unemployment Benefit

226

158

Disability Benefit

9

29

One Parent Family Payments

23

1

Other Schemes Offences

10

7

Committed by Employers

17

14

Total

476

355

A total of 259 criminal prosecutions (2003 — 186 prosecutions) involving social welfare recipients were finalised in court in 2004. The total amount of overpayments assessed in these cases of persons who attempted to or obtained benefits/assistance fraudulently was €1,116,492 (2003 — €1,007,332). The results of these 259 court cases and the penalties imposed are given in Table 10.

Table 10. Results of Court Cases involving Social Welfare Recipients

Fines Imposed

Community Service

Imprisoned

Probation Act

Proven. No Penalty

Adjourned/ Liberty to Re-enter

Bound to peace

Unemployment Assistance

63

2

21

21

8

7

3

Unemployment Benefit

67

1

12

17

6

4

Disability Benefit

12

2

5

1

One Parent Family payments

1

Other Schemes

2

1

3

Total

144

3

36

43

18

8

7

Prosecutions of 16 cases involving employers (2003 — 24 employers) were also finalised with 14 being fined and 2 struck out.
The number of prosecutions finalised in the courts since 2000 is summarised in Figure 2.
Figure 2
A total of 68 civil cases have been forwarded to the Chief State Solicitor's Office since 2000. Table 11 details the history of civil cases forwarded and the cases still before the courts or awaiting a court date.
Table 11. Civil cases sent to the Chief State Solicitor's Office

2000

2001

2002

2003

2004

Total

To CSSO

6

14

11

21

16

68

Finalised

1

5

1

2

2

11

Pending

5

9

10

19

14

57

Of the eleven cases finalised two have been recovered on civil bills, in one case a judgment mortgage has been awarded, six are being recovered by instalment and two were not pursued due to the circumstances of the debtor.

Mr. John Purcell

Chapter 15.1 examines the way PPS numbers are issued and the relationship with identity fraud and the claiming of social welfare benefits. While there have been a number of positive developments in recent times like the automatic link with the computerised civil registration system, the change in the nature of the population consequent on the booming economy and the expansion of the EU has thrown up control risks of a kind and scale not previously encountered. Various reviews since 2000 have brought to light difficulties in preventing the use of PPS numbers for fraudulent purposes. Apart from being used to perpetrate social welfare fraud, bogus PPS numbers can also be used to circumvent the work permit system and could possibly facilitate the opening of bank accounts.

The Department has progressively been introducing counter measures through more rigorous checking of applications at the first point of contact, including installing ultraviolet scanning equipment to check the authenticity of supporting documentation and setting up a dedicated unit, which I think is called the client identity service control, to monitor activity in this area. There is evidence to suggest that the unit's work is meeting with some success judging by the increasing number of fraudulent cases being detected and the number of arrests being made for identity fraud. The Department is also moving to restrict the number of offices at which PPS numbers can be issued. Furthermore I understand that a fraud and error survey on PPS numbers is being undertaken and the results should help to inform the Department's approach to the prevention and detection of identity fraud.

As we move forward into an e-government environment the PPS number assumes an even greater importance because it will be used as the basis for the delivery of a range of public services to the people. With the Department of Finance, the Department of Social and Family Affairs has taken a lead role in developing a standard authentication framework environment in which the public service identity card can be implemented. It is, therefore, vital that the core identifying data that underpins such a system are complete and accurate. In this connection, the Department has a major task on hand in trying to validate the data on its own central records system having regard to duplicate, dormant and incomplete records. Again, there have been improvements in the quality of the data in the central records database in recent years but more needs to be done to overcome historical shortcomings in the maintenance of those records and to ensure the optimum return from the electronic delivery of public services.

Chapter 15.2 records the results of an examination carried out by my staff of the departmental controls over the encashment services provided by An Post and the banks. The provision of the services is a major operation. For example, in 2003 some 59 million payment instruments were issued. Of those, 41 million passed through An Post in the form of personalised payable orders and postal drafts, with 18 million or so going through the banks in the form of cheques or electronic funds transfers.

Taking An Post first, the audit found that An Post was claiming, and in many cases being paid, for items that had not been matched against authorised issues. The type of item included payment for cases where the cashed order or draft was not available. These were categorised as "lost in transit cases" and over a three and a half year period amounted to €2 million. Another category was payment by An Post despite notification to stop payment on the order. I recognise that in a system dealing with such volumes there is always bound to be a proportion of items that do not follow the normal pattern of encashment and that it is well nigh impossible to tie things down to the last penny. However, in this case I felt that more effort could have been made by the Department and An Post to improve co-operation and reduce the exposure to a minimum. I am glad to be able to report to the committee that the Accounting Officer agreed with me and has taken action to address this problem. This has already borne fruit as I understand that new procedures introduced by An Post at the behest of the Department have dramatically reduced the levels of lost documentation. Improvements have also been brought about in some of the other problem areas referred to in the chapter.

Going on to the banks, for some years the Department has experienced difficulty in reconciling the bank accounts through which social welfare payments are made and this has had knock-on effects for our audit. As a consequence, we have corresponded with the Department in the matter on a number of occasions in recent years. The systems currently in use date back to 1986 and while in general they have served the Department well, other developments in the meantime pointed to the need for a fully integrated system of bank and agency reconciliations. The Department has responded to this challenge by embarking on a major IT project to replace the existing system. I understand it expects to have the new system in place by the end of 2007.

Chapter 15.3 comprises two elements. The first presents standard information on the level of overpayment on social assistance and insurance schemes and how much of it is attributable to fraud or suspected fraud and the Department's performance in recovering amounts overpaid. The second element deals with continuing problems associated with the recording of overpayments and the Department's efforts to improve the situation.

The main point of note in the first part of the chapter is the increase in the overall total of recorded overpayments in 2004 — up from €39 million in the previous year to €56 million. The increase in detected overpayments is mainly down to good work on the part of the Department's earnings review unit, which specifically targeted persons in receipt of unmarried, lone parent and one-parent family payments. These categories had previously been identified as high risk by a fraud and error survey carried out by the Department.

In regard to the shortcomings in the system for recording overpayments, I am pleased to report that there is light at the end of the tunnel. Apart from operational improvements being implemented and an enhanced IT system which will be coming on stream, the Department has engaged consultants to review its strategy and policies on overpayments and debt management. This includes conducting research into best practice in other jurisdictions and comparable organisations, and applying it as appropriate.

Chapter 15.4 outlines the extent of the Department's prosecution activity in 2004 and the outcome of the ensuing court proceedings. Members will see that the number of criminal cases forwarded to the Chief State Solicitor's office increased to 476 in the year and convictions secured in the court were also up on previous years. It is to the Department's credit that prosecution action is invariably successful. In a relatively small number of cases, civil proceedings are taken to recover material overpayments, where it has been established that the recalcitrant debtor has sufficient means to discharge the debt.

To turn to the Vote, as I indicated at previous meetings, the Vote expenditure represents only something over half of the total expenditure on social welfare schemes by the Department. The remainder is accounted for in the social insurance fund. For the information of members, I certified the account of the social insurance fund for 2004 at the end of last year. However, the audited account has yet to be laid before the Houses of the Oireachtas, therefore, it is not available for the consideration of the committee at this meeting.

Can I ask Mr. Hynes about the social insurance fund? When the Department was before the Committee of Public Accounts previously, there was a subsequent discussion where members expressed a wish to discuss the social insurance fund in parallel with the Department Vote, since it represents approximately 50% of the expenditure. That view was communicated to the Department but, even though the Comptroller and Auditor General signed off on the 2004 social insurance fund account at the end of last year, the audited accounts have not been laid before the Houses of the Oireachtas. As a consequence, we are not able to schedule them today for discussion. What is the reason for the delay?

Mr. Hynes

As the Comptroller and Auditor General said, the accounts were signed off by him at the end of 2005. They were then sent for print design, translation and so on by our information services. Unfortunately, it has not been possible to have the job carried out in time for this meeting, for which I apologise. I understand that they are to be translated in the week beginning 6 March, for printing the following week, and will be laid before the Houses by the end of March. That is the schedule to which we are working. It is the requirement we have. I accept what the Chairman said, namely, that the committee expressed the wish that the accounts should be discussed together with the main account. I will try to ensure that this delay does not happen again. We will take it out of the normal queue for printing and translation and have the job carried out separately in order that it will be available on time in future.

Is there little text in the audited accounts, which mainly consists of numbers?

Mr. Hynes

That is true.

The translation issue would not be the dominant factor.

Mr. Hynes

It is put in a queue with a lot of other work. Many of the Department's documents must be translated, some of which are long and difficult. We will make special arrangements for this in the future.

We will need to bring the Secretary General back on a separate occasion to deal with this issue. Would Mr. Hynes like to make his opening statement?

Mr. Hynes

There is one small change in my opening statement from the one circulated. I will draw members' attention to it when I reach the section.

Perhaps I can begin with some general comments on the year under discussion. In 2004, overall social welfare expenditure was €11.3 billion, of which €6 billion came through the Exchequer and €5.3 billion came through the social insurance fund. Just under a million people received weekly social welfare payments in that year, representing increased numbers on some of the main scheme areas accompanied by reductions in unemployment payments and some other services. The delivery of a quality service was a continuing challenge, taking account, in particular, of the growing diversity of the Department's customers, the increased complexity arising from scheme and legislative changes and pressure on resources.

A first customer charter was published in 2004. We continued to invest in the modernisation of service delivery systems, particularly involving the greater use of technology to achieve more effective and more integrated delivery of services to customers and better systems of control. In regard specifically to control, a more strategic approach to control activity began to be put in place having regard to the evaluation of the Department's control programme by the Comptroller and Auditor General, which was completed at the end of 2003. This approach included, in 2004, the introduction of a formal fraud risk management process for major schemes, putting in place a programme of fraud and error surveys, a programme of targeted control initiatives, work on the development of better performance indicators of the effectiveness of control strategy and particular emphasis on identify fraud with a specific focus on applications for personal public service or PPS numbers.

The Comptroller and Auditor General raised in his report a number of specific issues in regard to the PPS number. The Department took over from the Revenue Commissioners in 2000 the process of allocating PPS numbers. A new functional area known as client identity services was established within the Department to manage the number and related data and to develop a control strategy around the registration process. There are, as the Comptroller and Auditor General pointed out, legitimate concerns about identity fraud and a need for robust control systems to protect the integrity of the number. A key focus in this regard has to be on the PPSN allocation process itself in order to ensure that procedures for the establishment of identity are robust and that staff are provided with high quality training and backup support and equipment to detect bogus identities where they are used as part of the registration process.

Among the steps that the Department has already put in place are the setting up of client identity services to manage the PPS number; the putting in place of a face-to-face process for issuing the numbers at local offices and the introduction of detailed procedures and rigorous standards for PPS number registrations; the setting up of a dedicated control unit to deal with identity fraud and to support the local office registration process; the delivery of an extensive training programme to staff; and a programme of work to improve the quality of the existing identity data which is held by the Department.

Further measures which are planned include reducing the number of offices allocating PPS numbers in order to focus expertise and target training, involving the Department's inspectors more directly in this work and introducing a number of technical improvements to support the overall strategy. The Department is undertaking a programme of fraud and error surveys of major schemes as part of the control strategy. An identity check on clients is now part of the programme of fraud and error surveys and identity fraud has not so far emerged as an issue in those surveys. However, in order to gauge the extent of any misuse of the PPS number, a separate fraud and error survey on the PPS number allocation process is under way and scheduled for completion by the end of April.

The PPS number is widely accepted by the public. In a recent customer survey, a high percentage, 81%, knew where to find or check for their PPS number. Its use has contributed to increased customer service efficiencies in Departments. For example, in the social welfare area, automated allocation of the PPS number from the General Register's office — birth registration data — has supported major improvements in the initiation of child benefit payments. The effective use of the number can also give major benefits from a control point of view and the strategy is to ensure that the infrastructure underlying the number is as secure and robust as possible.

The Comptroller and Auditor General has also raised a number of issues with regard to the processes for reconciliation of payments made by the Department in respect of pensions and other schemes. Effective reconciliation is, as his report states, a fundamental control in the preparation of financial statements. Approximately 56% of payment transactions for the Department are made via post offices and a number of issues have been raised with regard to those payments. As a result of the audit findings, the Department is in the process of putting new accounting procedures in place for the reconciliation of the An Post account in consultation with An Post.

On the matter of other payments, the Comptroller and Auditor General identified reconciliation difficulties with certain bank accounts operated by the Department. The accounts branch has undertaken further reconciliation work on these accounts and, as a result, there have been substantial reductions in the differences identified during the audit and this work is continuing.

The Department has put in place a payment and agency reconciliation project to establish the full reconciliation of the Department's payments and external agency accounts. Under this project existing reconciliation systems will be replaced with a totally integrated system which will have the ability to reconcile all DSFA payment instruments and the associated agency accounts. Following substantial preparatory work, a request for tender for an integrated reconciliation system is now being prepared. The objective is to have a completely new system in place before the end of 2007.

Chapter 15.3 of the Comptroller and Auditor General's report deals with the subject of overpayments. Recorded overpayments were €56.27 million in 2004 as compared with some €39.4 million in 2003, which in turn represented a substantial increase in the 2002 figure of some €29.1 million. Overpayments account for approximately 0.5% of total expenditure for the year.

The increases in recorded overpayments in 2003 and 2004 were due largely, as noted by the Comptroller and Auditor General, to the work of a special project team looking at overpayments of one parent family payments, mainly involving working lone parents whose earnings had not been fully reported to the Department. This project, which ran from mid-2003 to April 2005, identified overpayments to the value of €24.1 million with regard to some 1,900 lone parent claims in payment.

There is a requirement on people in receipt of assistance payments to inform the Department of changes in earnings when they occur. The sooner they do this, the sooner the appropriate adjustments can be made to their payments. The setting up and recovery of overpayments in arrears is a more difficult process both for clients and for the Department. However, recovery of overpayments is governed by regulations which are designed to ensure that account is taken of the person's circumstances and ability to repay. These regulations were revised most recently in 2005. The Department takes a reasonable approach in this area having due regard to the requirement to protect public funds.

Overpayments are recovered either by repayments from the customer or by deductions from an ongoing social welfare payment. In 2004, some €11.5 million was recovered in cash and some €8.3 million by deduction from arrears or ongoing payments. We are putting increased emphasis on pursuing debtors who are no longer in receipt of payment and who may, for example, be in employment and therefore have greater financial resources from which to make repayment. The recovery of overpayments from current entitlements will continue, but this is inevitably a more difficult and a lengthier process because of the financial circumstances of many of those involved.

The Comptroller and Auditor General draws attention to shortcomings in the Department's systems for recording and reporting overpayments and overpayment recoveries. In this regard, we have taken steps to ensure the consistent application of the legislation on revised decisions and raising of overpayments and to improve the system of reporting and recording overpayments and recoveries made.

On the IT front, the current IT system of overpayment reporting and recording is a stand alone system which does not interface with the Department's other computer systems and requires a high degree of manual inputting of data. We are replacing the current IT overpayment system with one which will link to all of the Department's payment systems. This new system will integrate recording of overpayment data in a way that will provide a complete view of and up-to-date information on overpayments and recoveries across all schemes. The new system will be implemented as part of the overall service delivery modernisation programme on which the Department is engaged. The first phase is intended to be operational by the third quarter of 2006. At the same time we are engaged, with consultancy advice, on a review of current policies for overpayment and debt management generally with a view to optimising the level of recovery of overpayments and the efficiency of the collection process. This review will be completed in the next few months and we will then be in a position to consider what further practical changes are required in our present arrangements.

Chapter 15.4 of the Comptroller and Auditor General's report addresses the issue of legal proceedings in cases of fraud and abuse of the social welfare system. Details of the numbers of cases forwarded to the Chief State Solicitor's office are given in the paragraph. As a rule the cases taken by the Department are by way of summary proceedings and decisions to prosecute are based on the amount involved and any mitigating or aggravating circumstances. In 2004, of the cases finalised, fines were imposed in 160 cases ranging from €10 to some €5,000 in individual cases.

The Department can also take civil proceedings to facilitate recovery of scheme overpayments, the collection of PRSI arrears or the enforcement of maintenance recovery orders against liable relatives. Over the past five years, a total of 76 cases were sent to the Chief State Solicitor's office for the pursuit of civil proceedings and 66 cases were finalised.

My colleagues and I will be happy to deal with any issues members of the committee may wish to raise.

May we publish the statement?

Mr. Hynes

Yes.

We will move on to questions from committee members. Deputy McGuinness will have 20 minutes, followed by Deputy Hayes who will have 15 minutes. Other members will have ten minutes. We had a discussion in private before the departmental officials came in and committee members were of the view that they would like to use the time of the committee to maximum effect. Their comments had nothing to do with Mr. Hynes or his departmental officials or the representatives of the Department of Finance. However, they asked me to request that when replying to questions the person making the response should be as focused and succinct as possible. Our time is limited and sometimes long answers erode the time available to members leaving them unable to pursue the issues they want. This is not directed at Mr. Hynes or his Department but is a general concern arising from consideration of previous meetings. I understand that as Accounting Officer Mr. Hynes must be free to deal with questions as he sees fit and in a manner that explains his position. However, in general, to make better use of the time of the committee we would like focused answers. If members need further information, they will ask a supplementary question. Is that okay? No criticism is implied or intended.

Mr. Hynes

That is okay. I hope the Chairman will allow me to pass questions to my colleagues if it helps the process.

Absolutely.

I wish to address the issue of fraud and the collection of intelligence with regard to finding where fraud occurs and dealing with it. What efforts have been made by the Department in connecting with other Departments or agencies such as Revenue or customs or any agency that might have information of assistance? Has the Department any external structure for collecting and sharing information with other bodies?

Mr. Hynes

Legislation has granted the power to share information with other agencies and Departments for the purposes of control and administration of social welfare services. We have close links with the Revenue Commissioners and we receive information on a regular basis from Revenue about earnings and people commencing employment. We match that information with information from our own systems on people claiming payments. In this way we can identify cases where people might work and claim.

This is by means of exchange of paper or verbal comment. Has the Department an IT system to allow information to be shared with other Departments that would yield more accurate and immediate information?

Mr. Hynes

The information from Revenue arrives promptly on a monthly basis to do with commencement of employment over the previous month. We can match this up with our own systems and this works reasonably well at that level. There is also joint work between Revenue inspectors and our own inspectors in a unit called the joint investigation unit. This unit investigates cases of individuals who are not meeting their PRSI obligations.

Given such sharing of information relative to the issue of the PPS service numbers, is the Department not more concerned at the levels of identity fraud where the numbers have been issued and more than one number has been issued in some cases? If everything to do with an individual is to be based on the PPS number, then the integrity of that number must be protected at all costs. It seems this is not the case.

Mr. Hynes

I agree with the Deputy that the integrity of the number is paramount. In the old days when it was called the Revenue and social insurance number and was issued by Revenue, the system for issuing numbers was not as tight and restricted as it is now. We place a great deal of emphasis on ensuring that only one number relates to an individual. We set up projects to get rid of the duplicate numbers and to ensure as far as possible that there is only one number for any person.

The number is issued in the local office. A person could go to another local office and procure a second number. It was the case that the system was unable to identify by name. Has this system been changed?

Mr. Hynes

We have improved that system quite considerably. When a person applies at a local office a check is made on the system to ensure the person does not already have a number. Checks are run subsequently by the client identity services branch to identify possible cases where people might have applied for a number more than once.

Is it possible to remove a number when a person is found to have a second number? Can the original number be removed from the system?

Mr. Hynes

Yes.

Was it a case that it was not possible to remove them at one time?

Mr. Hynes

The number is identified as a duplicate.

Can the duplicate numbers be removed from the system and should they be removed from the system?

Mr. Hynes

I will ask Ms Murphy to address that issue.

Ms Patricia Murphy

There are two ways of dealing with that issue. It is not policy to delete numbers from the system but we can merge one number into another if there are duplicates. We can also mark the record for a further identity check if this is warranted.

In the case of a client presenting at a local office, what is the procedure if the official dealing with the issuing of a PPS number has suspicions about the documents being presented?

Ms Murphy

Client identity services has a central control unit. The official in the local office can contact that section for further assistance. The documents can also be checked by client identity services control which has a particular expertise in this area. They will also check with embassies to ensure that the documents are correct and the number will not be issued.

Is that check carried out while the client is in the office and can the papers be examined?

Ms Murphy

The check can in some instances be carried out but if the documents are to be examined by the control area the number is not issued and the customer can return later.

There is no immediate check.

Ms Murphy

There is an immediate check by the trained member of staff at local office. If a further check is deemed to be warranted they will contact the support unit in CIS control.

Has this system always been in place or is it a new system?

Ms Murphy

This system was put in place in 2000 when the Department took over the work from the tax offices. It is continuously being reviewed and improved and training is ongoing to monitor this area. Communications structures are in place with the local offices staff to advise them of changes in trends in identity fraud.

I refer to the percentage of referrals. A total of 32% were found to be fraudulent in 2002, 30% in 2003 and 43% in 2004, for some reason.

Ms Murphy

The trends in identity fraud vary all the time. The individuals in the control unit have the best expertise in the country in identifying forged or fraudulent documents and advise other agencies.

Will the delegation explain how so many numbers were issued and so many were found to be fraudulent over those years? Is there not a way of reducing those numbers? It would seem that in the years 2000, 2003 and 2004, there was an increase and in 2005 it was 27%. This is still a very high percentage in the context of identity fraud and given the importance of those numbers. Does the Department's system empower a senior person at local level to deal with the claim and to retain documents they believe to be suspicious and to arrange an interview with the claimant who holds that PPS number? Is there such interaction with the person making the claim to prevent identity fraud and to reduce the percentages?

Ms Murphy

The Department has tight procedures in place which include face to face interviews with customers and detailed checking of documents at local level. The structures are reviewed on an ongoing basis and the Department's inspectorate is being involved more closely in this work. Given the trends the Department is moving towards focusing the expertise into one office per county to deal with this work. The procedures in place have been effective to date in dealing with this problem.

Such a percentage is not effective. What grade of officer deals with the first application made?

A division has been called in the Dáil. Deputy McGuinness will have another ten minutes or so.

Mr. Hynes

I am not sure what figures were quoted by the Deputy. When somebody comes into a local office and a member of staff has doubts about the quality of the documentation presented by the person, he or she may refer it back to the central identity services or the fraud unit. In 2002, 635 documents were referred of which 204 were found to be forged. Therefore 32% were found to be false.

Were they referred before any number was issued?

Mr. Hynes

No number was issued in these cases. The documentation was found to be fraudulent and was referred for checking to the central unit. No number was issued in the cases that were found to be false. Every year since 2002 a proportion of documentation is forwarded to the central unit for checking. A significant percentage has been found to be forged or false documents. We are dealing with that. We talk to the Garda National Immigration Bureau and the Garda about developments here and about documentation, which may be bogus, or information they have on what to look out for in these areas. We try to be as up to date as we can be in this matter.

From how many sources can a person obtain a PPS number?

Mr. Hynes

There are 120 offices at the moment, but we plan to reduce that. The plan is that there will only be one office per county, roughly, which will be responsible for issuing PPS numbers. I take the point that it is better to have the expertise concentrated on a small number of offices, which is what we intend to do.

How many people are employed in the client identity service?

Mr. Hynes

Fifty-five.

Are they based in an office or does the Department have investigators who arrange one-to-one interviews, go out to see clients and engage in the field to try to track down where an effort was made to acquire one of these numbers without proper documentation?

Mr. Hynes

These 55 people are based in headquarters in the section which looks after the number and the record. We have inspectors and, as I said in my statement, we plan to involve our inspectors much more in the process of awarding PPS numbers than they may have been in the past. The procedure, generally speaking, is that the person comes into the local office, presents documentation and is awarded a number if the documentation is in order. If a member of staff is not clear about the matter, there is contact with the central fraud unit and a proportion is found to be fraudulent. We think we are as up to date as we can be on this and we try to keep in contact, as Ms Murphy said, with embassies and the Garda National Immigration Bureau on the matter to make sure that the staff——

What discretion are local staff members allowed in issuing those numbers? How detailed is their analysis of documents submitted by a client? In other words, could fraud be ongoing? Is there tolerance about having the proper documents, whether they are legal, where they came from etc.?

Mr. Hynes

There is——

How well trained are they?

Mr. Hynes

They are pretty well trained. We have an ongoing training programme for them. They have information at the local office level about what types of bogus documentation might have been recently found elsewhere. We try to keep that information up to date so that members of staff know what to look out for as far as we can do that. I am happy enough that the system is fairly tight. The involvement of the inspectors will obviously enable us to have home visits, or whatever, carried out to a much greater extent, if we want to do that for checking purposes.

Such checking may be essential, given the importance of the number. The Department officials will need to be more vigilant to ensure that the numbers are issued correctly on a one-to-one basis. From some of the figures, it would seem that a number of PPS numbers have been issued in cases of clear identity fraud. Those numbers are then used elsewhere where other fraud might occur. The system seems to have a weakness between the front-line person and the central checking procedure. The client has no need to fear a one-to-one exchange with an official. Where such a one-to-one exchange was applied in other schemes, it was found that many of the claims disappeared. The Department needs to engage in considerably more of that activity to protect the integrity of the number.

Mr. Hynes

There is a face-to-face interview every time somebody applies for a PPS number at the local office level. In the old days the system was not as tight as it is now, because identity fraud had not been identified as an issue. In recent years, particularly given that many more people are coming here from other countries, the issue has been highlighted and we have been much more conscious that there is a level of fraud and that identity fraud is a problem for every organisation, not just for social welfare organisations and that we need to take measures to deal with it. However, we place a huge emphasis on the fact that the PPS number is so important in terms of access to payments or to other services. Those applying for benefit must go through another identity verification process. There are two steps before people derive a payment on the basis of their PPS number. Someone coming to claim a payment must prove he or she is the person who has the number.

On the processing issues, 32,000 contribution records forwarded by the Revenue Commissioners could not be traced.

Mr. Hynes

These were old records from when Revenue was responsible for issuing the PPS number which had not been referred to our central identity services. We are going through a process of matching those with our own records. We have not found that there has been a high level of fraud associated with those numbers, but, as I said, in the old days, the system was much looser than it is now and the emphasis was on getting people into the tax system quickly and to do that a number was necessary, so it was not uncommon for people to have more than one number. If they had a job, left a job and went to another job, it was not uncommon for people to be issued with more than one number in those days.

While I accept this dates back to 2000, it clearly reflects the very slow change that has taken place in this regard. The Department's internal audit or analysis found that 10% of the numbers examined were fraudulently obtained. It should be borne in mind that another analysis — the internal evaluation carried out in 2000 — estimated that there were losses of €25 million to €50 million per annum.

Mr. Hynes

The 2000 analysis was done before the processes were put in place for the allocation of PPS numbers. It was very speculative. There was no evidence for the figure of €25 million to €50 million.

It resulted from an internal evaluation in the Department.

Mr. Hynes

It is true that the internal evaluation was carried out by a member of the Department's staff.

We have been asked to examine those figures. I am trying to highlight the issues we will face by reflecting on what happened prior to 2000. I will not dwell on it further, other than to state that there is enough evidence to suggest that identity fraud has been a significant problem up to now. If one tries to place the extent of that problem in a financial context, it could be suggested that it could cost between €25 million and €50 million. Other forms of fraud can be accounted for in the context of claims made using the fraudulent numbers outside the Department of Social and Family Affairs. It seems that we did not catch up with this serious issue quickly enough, as a result of increases in the number of people coming into this country or problems which were embedded in the system.

As my time is limited, I will move on to the issue of overpayments. Public representatives are often faced with the task of making representations on behalf of people to whom overpayments were made, who find themselves unable to repay such moneys because of their financial circumstances. It is great for such people to get additional moneys but it is difficult for them to make repayments. It is a fault of the system that such events take place to the extent that they do. That fault has to be corrected. I am aware that overpayments sometimes result from clients failing to provide all relevant information. In such circumstances, it could be argued that the Department's foot soldiers, like their counterparts in the Revenue Commissioners, should be keyed into what is happening at local level to ensure that all relevant information is collected and fraud does not happen.

Mr. Hynes said in his opening remarks that the Department's stand-alone information technology system did not interface with the systems used in other Departments, or outside other Departments, in a manner that allowed it to gather information or identify overpayments. He mentioned that the first phase of the system of identifying overpayments is about to be put in place. What will the first phase, which is being defined now, involve? How many phases will be necessary if the proposed new state of the art system is to be put in place? What will the first phase achieve?

Mr. Hynes

The Department needs to do two things, the first of which is to improve its information technology systems to record overpayments better. Its present system of monitoring overpayments is a stand-alone system. The Department has a number of information technology systems which facilitate the making of payments; for example, it has a short-term scheme system, a pensions system and a child benefit system. Its overpayment system should be linked with each of those systems, in order that when a person incurs an overpayment, it can be noted centrally. All payment areas within the Department should be notified about such an overpayment so that recovery arrangements can be in place, if appropriate. The information technology system that deals with overpayments is quite complex because it has to link with each of the Department's many payment systems. The improved overpayments system will first link with the pensions system, which is due to be modernised later this year. The Department will gradually link the overpayments system with other payments systems in the Department as they are modernised.

The first phase will deal with pensions.

Mr. Hynes

Yes.

That is not really where the main overpayments occur, in percentage terms. I would have imagined that any system to be put in place would first link with the schemes in respect of which the most serious overpayments are found, so that such serious overpayments could be stopped or reduced dramatically. The Department's experience with the first scheme would inform it when it is applying the new system to the other schemes. I understand that 63% of the €115 million which is outstanding as a result of overpayments has been outstanding for more than 12 months. If one examines the aged debts — €33.3 million was outstanding in 2001, €14.8 million was outstanding in 2002, €24.6 million was outstanding in 2003 and €42.5 million is currently outstanding — it is clear that significant overpayments being made are not being caught at the point of payment. I would have imagined that the Department would have made a swifter response to this problem.

Mr. Hynes

The Department is modernising its pensions system. From an information technology point of view, the Department cannot put in place a new pensions system without linking it with the new overpayments system. The Department has to start with the pensions system for technical reasons.

I will leave that to one side.

Mr. Hynes

Fine.

Can Mr. Hynes give me details of the collection of the aged debt I have described, including the outstanding €115 million?

Mr. Hynes

The figure is increasing because the Department is identifying more overpayments than it can recover. There are difficulties in recovering overpayments because we have to follow certain procedures and have regard to people's ability to repay the additional moneys they have received. The scope for repayment is often quite limited. The lone parent project that I mentioned in my opening statement identified overpayments of €27 million, which form part of the €115 million that is still outstanding. The Department will have to put arrangements in place to recover those moneys. Some overpayments go back several years. As part of the overpayments project it has commenced, the Department probably needs to examine the real prospects of recovery in some cases.

My final question relates to An Post, and specifically to items lost in transit. What is the relevant figure in that regard? What was the problem in dealing with it in the beginning? Why was there an inefficiency in dealing with it? Where did the problem arise? Did it arise on the An Post side?

Mr. Hynes

The Department used to pay An Post on the basis of the accounts presented to it by An Post. Such accounts related to the pensions paid on a particular date, for example. If difficulties were discovered, they were sorted out subsequently. Following discussions with the Office of the Comptroller and Auditor General, the Department is putting in place new procedures which will mean that it will pay An Post on the basis of clear evidence. In cases of vouchers being lost between post offices, or between post offices and An Post headquarters, for example, the Department will not pay An Post on the basis of the vouchers until it has received verification from An Post about the individual vouchers.

What is the figure involved in that?

Mr. Hynes

A figure of €2 million was mentioned.

If €2 million was lost in transit in a business, someone in the company would be asked to sort out the problem. The sum involved may not be much in the context of a budget of €13 billion but it is a significant amount of taxpayers' money. Why must the Comptroller and Auditor and General issue his report before the Department proceeds to take action? Was no action taken prior to the report's publication? Were no discussions held with An Post? Did problems arise in dealing with An Post? Was the loss in transit of €2 million ignored or treated as a minor matter?

Mr. Hynes

We have put in place a new system of dealing with this problem, which arose——

Action was not taken until after the publication of the Comptroller and Auditor and General's report.

Mr. Hynes

That is correct but prior to the report the Department would still have had to sort out the matter with An Post — after the event, if one likes. The current position is that we try to sort out the issue before we make a payment to An Post. The €2 million——

The Department was not satisfied when it attempted to address the matter with An Post. Did it receive clear answers about the €2 million?

Mr. Hynes

One receives answers from An Post regarding these issues on an ongoing basis. There is always an amount that has not been agreed between the Department and An Post and the process of trying to sort out these kinds of issues is ongoing. Substantial amounts of money pass between the Department and An Post on an ongoing basis. Issues always arise about particular events or difficulties and we try to sort them out as they occur. The procedures the Department has put in place require that these issues are sorted out before payment is made to An Post.

The sum of €2 million relates to a lengthy period of three and a half years. Vouchers have always been lost because so many of them are used across the whole post office network. This has been an issue over the years and we have dealt with it in the way I explained.

To return to bogus applications for PPS numbers how many staff are involved in investigating this issue nationally? What form do investigations take?

Mr. Hynes

A unit of 55 people, the central identity services unit, comprises the central staff responsible for the PPS number.

The unit employs 55 people nationally.

Mr. Hynes

Yes, these staff work in the headquarters of the Department. PPS numbers are issued by 120 local offices and staff in these offices also have responsibility in this regard. We also have 300 investigators around the country who will have a role in this matter in future.

What training have staff been given at local level?

Mr. Hynes

Perhaps Ms Murphy could answer that question.

Ms Murphy

Staff are given training in——

Is Ms Murphy referring to frontline staff?

Ms Murphy

Yes, the local office staff take part in a training programme which is revisited later. As regards the documents staff should look for, equipment has been provided in local offices to check if documents show discrepancies and if further assistance is considered necessary, staff can contact the central control unit.

The Comptroller and Auditor General identified the importance of ensuring staff at local level could identify discrepancies.

Ms Murphy

That is correct.

Does the problem lie in that area?

Ms Murphy

Staff at local level, in addition to receiving training in document inspection and procedures, are also kept advised of local trends. They are reasonably effective but there is always room for improvement given the frequency of changes in this area.

What happens next?

Ms Murphy

Depending on the circumstance, if a member of staff is satisfied that a person has adequate evidence of identity and is, therefore, the person he or she claims to be, a check will be made to ensure a number has not already been allocated to the individual in the PPS system. A number is then allocated in an overnight process. If concerns arise, a member of staff will refuse to allocate the number or will contact the specialised unit for further assistance, in which case a number will not be allocated.

How many false claims are discovered by frontline staff?

Ms Murphy

It is difficult to arrive at a precise figure.

Is the figure low? Has it been identified at local level?

Ms Murphy

It has not been identified as a problem locally and the number of difficulties arising at that stage appears to be fairly low.

Are the 300 inspectors employed at a higher career level?

Mr. Hynes

They are higher executive officers.

What other duties do they carry out?

Mr. Hynes

They investigate claims, that is, they have responsibility for carrying out means tests on claims for payments. They also have responsibility for fraud control activity generally which involves visiting employers and following up on information indicating that fraud may be taking place in a locality. They have a wide-ranging responsibility in the inspection and fraud control area.

Are they told to concentrate on specific problems? I encounter too many cases of older people, particularly those in receipt of non-contributory old age pensions, who are frightened because they have come by a few euro. After I raised this issue on a previous occasion, I received correspondence from a trade union representing investigators stating that its members perform their duties, as required by their employers. I am concerned that inspectors focus their efforts on old age pensioners when we appear to have a significant problem with false PPS numbers. Who is responsible for determining the areas on which inspectors focus?

Mr. Hynes

The activity referred to by the Deputy forms part of an inspector's job. Rules, regulations and legislation are in place setting out how much money a person qualifying for a pension may have. A means test must be carried out and if people have resources over and above the threshold, the pension falls to be reduced. It is part of the inspector's job to investigate evidence that a person has income or resources in excess of that to which he or she is entitled. It has not been brought to my attention that particular difficulties arise for older people in this regard.

I find it hard to comprehend that the inspectors do not concentrate on other issues given the major difficulties arising in the area of PPS number fraud. There are other issues on which the inspectors should be concentrating. Will the Department officials consider its operations in order that their minds can concentrate on someone other than poor old age pensioners? This is just an example. I know of older people who are worried, although only a small few shillings might be under investigation. Ultimately, there is never any fraud in such circumstances. That inspectors are investigating older people in this category implies they do not have a lot to do.

Mr. Hynes

I have no evidence that this is a particular problem. It is not as if our inspectors spend their time creating difficulties for old people. They have a lot of other investigative work to do and, as I said in my opening statement, we will be involving them much more in the PPS number allocation process. We will obviously have to build this into their responsibilities. I do not accept the suggestion that the inspectors are targeting particular groups at present.

That may be so, but some people are extremely concerned about it.

How many of the overpayments are deliberate? What are the concerns regarding overpayments and in which area are they made?

Mr. Hynes

In every overpayment case, a revised decision must be made by a deciding officer. If the overpayment arises because somebody deliberately withholds information or gives false information to the Department when lodging a claim, we call this a fraud overpayment. Approximately 30% of overpayments are classified in that way on an ongoing basis. It involves a person deliberately withholding information. Such cases are obviously more serious and prosecution is considered.

Overpayments can arise where there is no intent to defraud the Department when a person withholds information. In these cases a revised decision would be made from a current date and an overpayment would not arise. However, we have a duty to recover moneys that were wrongly paid, due to fraud or otherwise, and we therefore try to recover overpayments wherever we identify them.

How many overpayments are outstanding at any given time?

Mr. Hynes

The figure mentioned earlier was that there is €115 million outstanding over many years.

Is that recoverable?

Mr. Hynes

In theory, I suppose all of the moneys are recoverable. How much will be recovered in practice is another issue. Perhaps we need to look more closely at that sum to determine whether part of it cannot be recovered. If there is an overpayment outstanding for more than three years and there has been no recovery activity in respect thereof, we can write it off for accounting purposes. We check with the sections to see whether they agree with this. If it is written off for accounting purposes, we can still go back at a later stage and try to recover it if the opportunity arises. Otherwise, overpayments stay on the system with a view to eventual recovery in the event of an opportunity arising.

Has the Department identified specific areas where there is overpayment?

Mr. Hynes

We recently identified the lone parents area as one in which there were many overpayments. We did a project on this over approximately two years and information was obtained on working lone parents who were earning more than they were entitled to earn but who were still qualifying for the lone parent allowance. We tried to get more up-to-date information from the Revenue Commissioners on people's earnings in order that we could take the appropriate action at an earlier stage in the process. We carried out a fraud-and-error survey on the lone parent's allowance scheme and identified that overpayment was an issue that needed to be addressed.

The unemployment benefit schemes also involve high levels of overpayment. For example, some people work while claiming unemployment payments. We also recover money from the estates of people in respect of pension overpayments. These are known as estate cases and comprise a significant element of overpayment.

Could Mr. Hynes tell us how many new PPS numbers were issued in each of the past three years? Perhaps one of his officials will have this information.

Mr. Hynes

In 2005, the total number issued was 271,000, in 2004 it was 221,000 and in 2003 it was 193,000.

In 2005, in which year there were 271,000 PPS numbers issued, what was the breakdown by category? I presume 64,000 or 65,000 were issued to newborns.

Mr. Hynes

Some 58,000 were issued to them.

Who received the rest?

Mr. Hynes

Some 178,000 were issued at the local offices.

To what categories of persons? I presume most Irish citizens have PPS numbers already.

Mr. Hynes

There were 80,000 PPS numbers issued to Irish people at local offices.

Do they include the newborns?

Mr. Hynes

No. There were 80,000 issued to Irish people at local offices.

Can Mr. Hynes elaborate?

Mr. Hynes

In respect of other EU countries in 2005, 64,600 PPS numbers were issued to Poles, 18,680 to Lithuanians, 14,000 to UK citizens, 9,300 to Slovenians, 9,300 to Latvians, 4,900 to the French, 4,600 to the Spanish and 4,500 to people from the Czech Republic. Smaller numbers were issued in respect of other countries.

Would numbers have been issued to persons from outside Europe?

Mr. Hynes

Yes, 37,000 were issued to non-EU citizens in 2005.

Would they have entered the country with work permits? Would some have been asylum seekers?

Mr. Hynes

Asylum seekers were issued 4,000 and the rest were issued to people who came to the country either to work or visit. I assume many of them would be on work permits.

Has Mr. Hynes a breakdown of the countries of origin of the non-EU persons?

Mr. Hynes

I do not have that information to hand, I will try to find it before the end of the meeting.

The Comptroller and Auditor General referred to a fraud and error survey the Department was conducting. What does that involve? Is there a preliminary report?

Mr. Hynes

We have conducted a number of fraud and error surveys into various schemes. There were surveys into lone parent benefit and unemployment benefit as part of the Comptroller and Auditor General's exercise on the control programme of the Department. Subsequently, we have carried out surveys on child benefit, family income supplement and disability allowance.

I understand that. I am asking if there was a specific fraud and error survey into the issuing of PPS numbers.

Mr. Hynes

We are setting one up now.

Nothing has been done yet?

Mr. Hynes

It has not started yet but the survey will be complete within the next two months.

From the replies to previous questions, the main emphasis appears to be on ensuring PPS numbers are not issued on a fraudulent basis. The counter staff form the first line of defence and then there was a reference to the 55 people in the unit who check documentation. Once the numbers are issued, is that the end of the matter? If someone gets a number fraudulently, can he use it indefinitely or is there a way to check the numbers issued?

Mr. Hynes

The central identity service runs checks on numbers issued with a view to identifying fraud. Also, when a person uses a number to claim social welfare payments subsequently, he must go through an identity checking process at that stage to prove he is who he says he is. That presents another opportunity to identify problems.

In the vast bulk of cases, however, once the number is issued it becomes operable.

Mr. Hynes

The number is only useful for claiming a payment or other public benefit.

The system does not intervene, particularly with certain benefits. If someone uses a PPS number to claim child benefit and it is paid to a bank, it will not arise again until the child is 16 and an application is made to continue child benefit if the child continues in education. If a significant number of numbers are issued fraudulently or in error, significant benefits can run for long periods.

Mr. Hynes

I will ask the director general to list the processes that apply for child benefit. We run checks at that stage, even when a person has had a PPS number for some time.

Ms Bernadette Lacey

The recent computerisation of the General Register Office gives us automatic notification of Irish-born children. When children are born abroad and brought to this country, and a claim is made for child benefit, in addition to getting the documentation on the claim, we check with the local school if the child is of school-going age or the local doctor or gardaí to ensure the child exists and is in the country. If the child is not resident here but the parent is working and entitled to child benefit, we have direct contact with the authorities in the home country where we verify the existence of the children, the family status and then agree which country is competent to pay. Having put the claim into payment, we receive quarterly updates from the home country about the continuing status of the family. There are tight procedures around those payments.

That seems satisfactory. The Comptroller and Auditor General indicated that numbers are sought for fraudulent claims, work permits and opening bank accounts. Does the Department have any information about that? Are the fraudulent numbers that have been discovered used for subsequent fraudulent claims or for opening bank accounts or to replace work permits?

Mr. Hynes

There are cases where non-EU nationals claim to be EU nationals and produce forged documents to that effect to circumvent the work permit legislation. That has emerged as an issue. There is no doubt that having the number is regarded by some institutions as proof of a person's identity. We would like to see other checks carried out when there are question marks about people. The fact that a person has a PPS number does not prove he is the person to whom the number was issued.

Mr. Purcell

Often a person may have two PPS numbers, that is the most common way to facilitate a type of fraud. There were instances, as the Accounting Officer says, particularly in employment agencies, where PPS numbers were hijacked for the purposes of employment. Potential fraudsters are only limited by their imaginations as to how they can use PPS numbers. While on its own it is not enough to open a bank account, which can facilitate fraudulent payments, combined with other fraudulent documentation it could be used for that purpose. There have been instances of such fraud, although I do not want to overstate the position and the Department has progressively taken countermeasures. It is a game that moves on all the time and we must keep up to speed.

How big a threat is this to the finances of the State and the Department?

Mr. Purcell

Historically there was a different problem in regard to the old PRSI numbers which then became PPS numbers in many cases. They have a legacy which does not necessarily have to do with fraud. People may have forgotten their number and were given a new one but we must also deal with that.

In a time when we are talking about e-government and e-services, it is important to have such identifying numbers and the data associated with them. Their integrity is paramount. It is impossible to put a figure on the scale of the potential contingent liability on the Exchequer from the incorrect use of these numbers. To be fair to the Department, the Department of Finance and others, much work is being done under the structured authentication framework environment, SAFE, programme. That leads into a different debate on how to identify people, whether by biometrics or other personal characteristics, photographs and so on, which, in turn, leads on to identity cards, with all the attendant data protection implications. If the risk is assessed in terms of having a false PPS or public service identity number, it is being addressed. There is no complacency at departmental level about the implications in this brave new world of e-government and the delivery of services by electronic means to the taxpayer.

Will Mr. Hynes forward the report on the fraud and error survey to the committee?

Mr. Hynes

Yes.

How many PPS numbers have been issued?

Mr. Hynes

A total of 5 million.

Does Mr. Hynes share the concerns of many that our system is open to attack from international criminal gangs? They have attacked other jurisdictions, including the United Kingdom. Mr. Purcell mentioned people having multiple PPS numbers. Another potential fraud involves the use of one PPS number cumulatively by various people, perhaps from another country, who thus build up entitlements under our social welfare system. Has this been a problem?

Mr. Hynes

It is not a problem of which we are aware but we recognise the possibility. We have contact with our colleagues in the United Kingdom and know of the gang activity there. It has not come to our attention here yet but we are trying to make our system as robust and effective as possible. Our UK colleagues have a greater problem with the social insurance numbering system than we do. Our system is tighter than theirs. They have a proposal to introduce ID cards. We are trying to make sure, first, that our PPS numbering system is as secure and effective as possible.

Does the Department co-operate with the Revenue Commissioners who collect the PRSI payments which the Department administers? Does the Department carry out any on-site inspections or checks on employers to ensure they are behaving properly?

Mr. Hynes

A programme of employer inspections forms part of the work of our inspectors. In 2005 they carried out approximately 6,500 such inspections. If we identify employers not making proper PRSI payments or employing people without work permits, we report the matter to the Department of Enterprise, Trade and Employment. In some cases we carry out joint inspections with the Revenue Commissioners, which can have benefits too.

Mr. Hynes has indicated that, of the new, recent registrations, while some are newborn Irish, many are not from Ireland. How many of them claim various benefits? Does the Department's computer system still have a problem recognising non-Irish names?

Mr. Hynes

The system checks on foreign names and we use a thesaurus to help in that process. We are constantly trying to improve. It is not true to say it does not recognise foreign names. We use the system to check on them.

There is a line on page 143 of the Comptroller and Auditor General's report to the effect that the system name check facility was not applied to non-nationals because it did not recognise foreign names.

Ms Murphy

The computer system checks all names. There is an inbuilt thesaurus. Over time it will deal more effectively with English or Irish names but it checks foreign names. We are considering introducing improvements in how it does this.

I do not understand that point.

Ms Murphy

It is a technical system which will check all of the names that it processes but we have added to it during the years to improve it and are further improving how it processes foreign names.

Can Mr. Barry clarify that point?

Mr. Niall Barry

The system uses several methods to look at names and tries to identify synonyms, or names close to those it already knows. We have a large database of Irish and English names, with which we are familiar. We do not have the same level of experience of foreign names. Therefore, while the system looks at them, it is not as effective in recognising them. That was Ms Murphy's point about the system improving over time because as we receive more names, we are able to fine-tune it. Technically, it is true to say we look at all names and always have done, but the system is more efficient for those on which we have gained experience.

How many non-Irish people have applied for and are claiming benefits?

Mr. Hynes

I have some information regarding the accession countries and the extent to which people from there have made claims. Between January 2004 and December 2005, a total of 103 people from those countries were awarded unemployment payments. There were very small numbers of claims for other payments, such as disability and carer's allowance.

How many applications are there at present?

Mr. Hynes

Some 383 cases are pending in respect of unemployment payments.

Does the Department propose to set up some refund scheme on foot of the recent court case regarding students on the adult student grant? I know that there is a great deal of interest in this. Will the Department appeal the case or will it arrange some kind of refund scheme?

Mr. Hynes

That issue is being examined. As the court judgment was made only two days ago, the Department is currently examining it and will be obliged to decide whether to appeal the case. A decision will obviously also have to be made on the implications in respect of other cases and matters in general. We are not yet able to say what will be the outcome.

I heard the Minister say in briefing statements relating to lone parent benefits that at any one time up to a quarter of people receiving such benefits may not be fully compliant with the non-cohabiting rule. I do not know whether that categorises the claims as in some way fraudulent but it is clearly a little unrealistic to expect a young lone parent who no longer has a partner and is in her early 20s to remain without one for the rest of her days. We are talking mainly about women.

Mr. Hynes

Yes. Cohabitation is obviously, as provided for in the legislation, a disqualification factor. The Department will have to examine and investigate that where cohabitation is an issue. People are not entitled to payment in such circumstances. The Deputy referred to the Minister's comments on the matter. It is obviously an issue about which he is thinking at a broader policy level.

I do not want to ask about policy. Does the Department have an estimate of the numbers of lone parents who, at various points, may be in breach of the cohabiting rule?

Mr. Hynes

When we conducted the fraud and error survey of the lone parent's scheme, we found that 29% of cases would require changes in the rate of payment. In some instances, that would have been because of earnings, since they were over the limit. In others, it would have been because of cohabitation but I cannot give the Deputy a breakdown between the two categories.

Is that the highest figure among social welfare claimants of non-compliance with the fundamental rules of the scheme?

Mr. Hynes

On the basis of the fraud and error survey carried out, that is the highest figure so far identified. However, we have conducted surveys in several scheme areas but not in others.

The rate of 29% is extraordinarily high.

Mr. Hynes

It does not imply that 29% of cases were fraudulent. It means that the rate being paid was wrong.

No, I referred to non-compliance with the fundamental rules of the scheme.

Mr. Hynes

If people are working and can qualify for a payment while still earning up to a certain amount, as earnings change, which can happen from week to week, one frequently finds, when one investigates a case, that there has been a change of which the Department has not been aware. Technically, the payment level is incorrect. I do not have any information on the extent of error or fraud. However, the survey indicated that 29% of cases required some change in payment.

Perhaps I might return to an earlier question regarding PPS numbers issued to nationals of countries outside the EU. There is a large number of countries represented but I can give the numbers for the major ones. In 2005, there were 2,100 cases from Australia, 2,200 from Brazil, 1,700 from China, 3,400 from India, 2,100 from Nigeria, approximately 1,500 from the Philippines, 1,000 from South Africa and 3,800 from the USA. As I said, there is a large number of other countries with smaller totals.

That gives us a good insight into the multiracial nature of our developing society.

I wish to examine the area of overpayments. The figure increased in the year under review, 2004, from €39 million to €56 million. Was that as a result of fraudulent or suspected fraudulent claims? Mr. Hynes said that part of it related to the review the Department initiated. I have been examining the figures. Those in Table 51 on page 154 of the Comptroller and Auditor General's report show that for the first five or six years — certainly the first five — there were over 70,000 fraudulent cases. How many of those involved repeat offenders?

Mr. Hynes

I do not have the figures on that but there would certainly be several repeat offenders.

From the point of view of prevention, if someone has committed fraud or is suspected to have done so, as opposed to received overpayments, is he or she watched more vigilantly regarding future claims?

Mr. Hynes

Yes. When we are considering whether a case should be prosecuted, if a person has several overpayments against him or her, that person will be more likely to be prosecuted.

The figure for prosecutions increased significantly, to 476, but the number of incidents was over 19,000. Is the rate of prosecution appropriate?

Mr. Hynes

We have increased the level significantly in recent years. At this point, it is as much as we are reasonably capable of arranging.

I am looking at it as a deterrent. In 2004, there were over 19,000 suspected cases of fraud, yet only 476 prosecutions. For the other 18,500 or so, apart from having to make a repayment, is there any other penalty?

Mr. Hynes

No, that is it. One is required to repay the amount overpaid and one is liable to be prosecuted. Those are the penalties available to us at present.

The chances of being prosecuted, going by those figures, are not particularly high. The vast majority who commit fraud are, unfortunately, not prosecuted.

Mr. Hynes

That is true.

I wish to refer specifically to the project team set up to examine lone parent overpayments. It occurred more or less over a two year period, from mid-2003 until April 2005. There were 19,000 cases with the overpayments valued at over €24 million. That is a staggering figure because it gives an average of in excess of €12,000 per person. For someone on the lone parent payment to be landed with such a bill is horrendous. In the past few weeks I met a girl who had a bill for nearly €24,000. I fully understand it is the responsibility of the individual to keep the Department of Social and Family Affairs informed of changes in income. However, it transpired that the person concerned had found a job in a well known supermarket chain and her number of hours had increased. In the beginning she was entitled to lone parent's allowance. As time passed the allowance should have been reduced until there was no payment to be made. Her PRSI and PAYE contributions are fully up to date. This occurred over a number of years and I cannot understand why there was insufficient co-ordination between the Department of Social and Family Affairs and the Revenue Commissioners. This issue should have been flagged much earlier. When we ask questions, we are always told about new IT systems or better integration. However, we are not seeing the results. While the individual concerned was totally responsible for making proper returns, she did not distinguish between the Revenue Commissioners and the Department of Social and Family Affairs as she felt the authorities knew what she was earning since she was being paid by cheque. Is the system of integration any better, which might reduce the number of overpayments as there is more timely intervention?

Mr. Hynes

I take the Deputy's point. We have made arrangements with Revenue to be kept informed where people take up employment. Traditionally, we have availed of such arrangements as regards those on unemployment payments. We have matched such information to identify cases where people might have taken up employment and are still claiming payments. We are now applying these arrangements to lone parent claims to ensure that if a person commences employment, we will be informed by Revenue. During the years we did not use such information as promptly.

I am sorry to disagree, but this is precisely what we were told a year ago. I do not see progress being made. The way Mr. Hynes explains matters is not indicative of the integrated system I would like to see in place. It is almost a request for information on a case by case basis. Is there no automated approach to ensure the Department of Social and Family Affairs and Revenue work in tandem across all social welfare payments?

Mr. Hynes

All Revenue can tell us is whether someone has started employment. We receive monthly figures from it. The next step is to check with the employer the level of earnings and so on, before we can apply any sanctions or bring any measure to bear in an individual case. Better integration of records with Revenue is not the solution, as there is still work to be done once the records are matched and those who have commenced employment are identified.

Is the fact that somebody has started worked the only information the Department of Social and Family Affairs physically receives from Revenue?

Mr. Hynes

When Revenue receives the information contained on form P35, we can then be informed about earnings during a particular year. However, we are trying to operate more promptly once a person takes up employment to verify their circumstances and earnings in order that we can put in place whatever measures are needed. Obviously, the more time it takes the greater the overpayment and the more difficult it will be to seek repayment.

The Department of Social and Family Affairs has a number of people on welfare payments who are entitled to work. Depending on what they are earning, the level of payment will vary. At the end of each year, say, in the case of a lone parent working a small number of hours, does the Department automatically receive information contained on form P35?

Mr. Hynes

Yes, we receive the information from Revenue.

I am amazed that a person has been in full-time employment for four or five years and it is only in the past few months that the problem has arisen.

Mr. Hynes

The project to which I have referred was carried out between 2003 and the middle of 2005. At that stage there was a backlog of cases, in respect of which we had information that the individuals concerned were in employment, but for one reason or another we were unable to act on it. We hope to operate on such information more speedily to prevent a situation where the repayment of large overpayments is sought. If people inform us about their earnings and that they have taken up employment, we can operate——

I understand that point.

Mr. Hynes

It is indicated on the payment book that people should tell us when they take up employment or their circumstances change.

I want to deal briefly with the criminal cases forwarded to the Office of the Chief State Solicitor. I will leave aside offences committed by employers and concentrate on unemployment assistance, unemployment benefit, disability benefit and one-parent family payments. There were 340 cases forwarded in 2003 and 450 in 2004. Did these involve individuals or was there evidence of an organised scam?

Mr. Hynes

They all involved individuals defrauding the system on their own.

There was no organised criminality, involving a web of claims by one criminal agency.

Mr. Hynes

No, that was not the case.

Mr. Hynes says prosecutions were taken against employers in breach of statutory obligations. What is the role of the Department as regards the construction industry and the obligations of bosses when it comes to pensions?

Mr. Hynes

Under the legislation, we can require employers to keep adequate records. If they do not, we can take prosecutions against them. Obviously, the collection of PRSI is a matter for Revenue. However, we have powers as regards record keeping and putting systems in place to enable PRSI to be collected. In a sense, it is a divided responsibility between ourselves and Revenue.

What is the role of the Department of Social and Family Affairs as regards construction industry pension schemes?

Mr. Hynes

We do not have a role in policing them. That is the legal responsibility of employers.

Did Mr. Hynes hear the Pensions Ombudsman say recently that up to 130,000 workers in the construction industry had been left without the benefit of pension schemes because of the criminal negligence of employers?

Mr. Hynes

As I said, we do not have a role. It is a private pension scheme run on behalf of the construction industry. As matters stand, we cannot intervene. It is not our responsibility under legislation.

Does the Department advise the Minister on this matter? Surely the Minister has responsibility in this area.

Mr. Hynes

I am not sure if this is a policy issue but I am aware of the issue raised by the Deputy. The Minister is concerned about it but I can only tell the Deputy where we stand. At present, we do not have responsibility for that issue.

I am not asking Mr. Hynes to make any judgment on policy. As the person in charge of social welfare pensions, of which the welfare of workers is an integral part, does he not find it urgent, due to the criminal negligence of employers in a huge swathe of the construction industry, that his Department should have a role in bringing such activity to heel?

Mr. Hynes

That is a fair point and I am aware that discussions are taking place on how this problem should be addressed in the future. As matters stand, however, we do not have responsibility for it.

In 2003, 15 employers were fined €16,000 for social welfare breaches. In 2004, 14 employers were fined €7,000. Is an employer likely to be seriously deterred by that kind of punishment or non-punishment? Is it not an invitation for employers to take risks? Employers in the construction industry can save a fortune at the expense of their workers' rights.

Mr. Hynes

The responsibility of employers regarding PRSI is primarily a matter for the Revenue Commissioners, who collect the contributions. If there are problems at that level, the Revenue Commissioners must pursue them. We have a limited role regarding employer responsibility for record keeping and so on. We have taken cases on that basis. The fines imposed are a matter for the courts and I cannot comment on that but our role is fairly limited. Where we find that problems with record-keeping arise, we take action. With regard to issues such as work permits, our inspectors report to the Department of Enterprise, Trade and Employment.

As a result of prosecutions for unemployment assistance and unemployment benefit taken by the Department of Social and Family Affairs in 2003 to 2005, was anyone sent to prison?

Mr. Hynes

In 2005, there were four cases of imprisonment, community service orders were made in six cases, the Probation Act was applied in 85 cases, sentences were suspended in 25 cases and fines were imposed in 130 cases.

Was any employer sent to prison or put on community service?

Mr. Hynes

No.

I do not know if anyone else sees the irony in this. Construction bosses who were in breach of their pension obligations can, by utilising the High Court, have a few workers sent to Mountjoy Prison within days for staging a simple protest. The bosses never appear to pay the price for the much more serious neglect of workers' rights.

I wish to return to a question asked by Deputy Burton about the implications of the court case relating to the back to education allowance, which the Department is appealing. What would be the worst case financially if the appeal did not proceed? How many other people find themselves in the same position as the litigant in the case? What are the potential costs to the Department of Social and Family Affairs?

Mr. Hynes

I do not have that figure available but 170 cases are associated with the particular case that was taken. We would have to look at the details of those cases and see whether they are similar. The judgment that was made only referred to one specific case.

What about the award in the court case?

Mr. Hynes

That has not been decided yet. The judge will make a decision in a week.

Do the 170 cases pending represent a far larger number of people in similar situations?

Mr. Hynes

That is possible. I do not know how many people could take a similar case to that which was taken. The judgment only applies to one case so far and that is the only case that requires restitution.

Could there be several thousand people in similar situations?

Mr. Hynes

I do not think it would be as high as that but I have no information regarding the numbers involved.

When the policy was changed, what was the estimate of the savings that would accrue to the Department?

Mr. Hynes

I do not know off the top of my head.

It would provide a pointer to the possible liability. Could the Secretary General write to the committee about that matter?

Mr. Hynes

Okay.

I think the Chairman is right. It was one of the 15 or 16 proposed cuts at the time. Each cut carried a price tag. It would be useful if we reacquainted ourselves with that information.

I wish to return to the chapter on personal public service numbers. There is a discrepancy between the issuing of 5 million PPS numbers and the fact that our population numbers 4 million. I presume that is partly explained by people who have PPS numbers and who are living and working outside the State. It is also explained by the number of women who had a different number when single and who were subsequently given their husbands' numbers. What is the position in respect of women who get divorced? Are they given a third number or do they revert to the number they had when they were single?

Mr. Hynes

Different groups of people are included in the 5 million. For example, some deceased people are included because numbers are not scrapped straight away. Some women use their husbands' numbers, with the letter "W" at the end.

Is there an option on that?

Mr. Hynes

There was in the past but that will not be the case in future. At present, there are still cases where women use the same numbers as their husbands. We are trying to gradually get rid of those and provide women with separate numbers.

I do not think that is widely known. My wife, who has never taken my name and insists on telling me that the only Mrs. Boyle she knows is my mother, has my PPS number with a W at the end of it, which was given to her automatically. She had no option to retain her previous workforce number. No subsequent information was given to her, as a person in the workplace, with regard to having a separate PPS number.

Mr. Hynes

The numbers are being gradually eliminated from the system.

Therefore, a situation will not arise where a woman who had a number prior to getting married will be given her husband's number and, if the marriage dissolves, will then be given another number.

Mr. Hynes

No.

Was anyone within the system issued with a third number due to a change of status?

Mr. Hynes

That could not happen because if somebody had a number and changed it on marriage and consequently wanted to change it back, there would be no problem with that. They would revert to the number they held previously.

My next question concerns the inverse of the chapter on overpayments. I refer to the situation in regard to family income supplement, which is not taken up by a large number of those who qualify for it. What happens to the resources the Department allocates to the supplement? Are they used for other demand-led schemes or returned to the Exchequer? What was the level of underclaiming in the past year?

Mr. Hynes

We try to estimate, at the beginning of the year, what will be expended on each of our schemes. In general, the estimates are reasonably accurate. The issue in regard to family income supplement is that studies have indicated a much greater number of people could claim the supplement but do not do so. It is not a question of the Department having money left over at the end of the year of which it must dispose. This is a much broader issue which has existed since the scheme began and which is based on information on earning levels generally in the economy.

We are beginning a major publicity campaign on family income supplement this year to try to increase the take-up, if there is a problem. Sometimes the information available in regard to earnings is not absolutely the last word. We are not certain of the extent of underclaiming, if it happens. We are trying to publicise the scheme and encourage as many people as possible to apply for it. In that way——

Has it not been reported that the take-up is as low as 30% of the potential users of the scheme? Is Mr. Hynes stating that the Department budgets on the basis of having that low a take-up or on the basis of 100% take-up?

Mr. Hynes

Our budget is based on what we spent in the previous year. This issue has been ongoing since the family income supplement scheme was introduced in 1984. Our estimates for 2006 will be based on what we expended in 2004 and 2005.

If the information campaign upon which the Department is about to embark is successful, a Supplementary Estimate would be needed.

Mr. Hynes

That is possible. If there is a significant surge in applications and a sizeable increase in expenditure, that is how we would have to deal with it. However, it is a demand-led scheme so if there is a latent demand which must be met, we must meet it because people have legal entitlements.

Given the briefing from the Comptroller and Auditor General's office, I understand there are 5.9 million numbers but that 900,000 are inactive. The Department's explanations regarding a woman having her husband's number with a W at the end and persons who are deceased having extant numbers must relate to these 900,000 inactive numbers. However, the Department will need to explain further why there are 5 million active numbers compared to a population base of approximately 4 million.

Ms Murphy

The database has been in existence since 1979. As the Secretary General stated, we do not delete records when individuals become deceased. Neither would we have information on people who have been in the country but who have since left. We mark records we believe to be dormant or inactive and it is these which bring the overall figure on the database to 5.9 million.

I do not believe there is a case to answer. However, in the event that anybody might jump to the wrong conclusion that something extraordinary is happening — given that there are 5.9 million numbers against a population base of approximately 4 million — I want it put on record that there were reasonable explanations for the size of the database.

Will Mr. Hynes brief us on the payment arrangements with the banks and post offices?

Mr. Hynes

Approximately 60% of our payments are made through the post offices. We fund the post offices on an ongoing basis because the expenditure is fairly constant and we know roughly what will be spent on pensions and post office payments.

Therefore, they are funded almost on an imprest basis.

Mr. Hynes

Yes.

Does the Department equalise the returns?

Mr. Hynes

Yes, the figures are balanced afterwards. Disability benefits are paid by cheque and we have an ongoing account with the bank in that regard. If we keep the account in surplus, there is no problem.

What fees are paid to the banks and post offices in respect of services?

Mr. Hynes

We have a contract with An Post based on a charge per transaction. There is a scale of payments which we make to the post offices based on the volume of cases. At present, we pay roughly €48 million per annum to An Post in respect of costs for 39 million transactions. No transaction fees are paid to the banks but the volume of expenditure means that we use an overnight money holding service which is of value to the banks. That is how that works.

I invite Mr. Purcell to conclude.

Mr. Purcell

Only €60,000 worth of lost in transit cases occurred in the first six months of 2005 and this improvement came about once the Department began to play hardball with An Post. This shows that proactive management of the services can have an effect.

Deputy Curran referred to repeat offenders. We carried out a report, which was referred to in passing by the Accounting Officer, on the control activity of the Department. We found that 12% of those who committed fraud would reoffend at a later date.

Deputy Burton asked about the incidence of cohabitation and the extent to which this would affect one-parent family benefit claims. A survey carried out by the Department of Social and Family Affairs in 2002 estimated that when the rate of payment had to be changed, 22% of those changes related to cases of cohabitation or marriage where the benefit would reduce to zero. In other words, one in five of those cases where change was required arose by reason of cohabitation or marriage. This information may be useful to the Deputies who asked these questions.

We will ask representatives of the Department to come before the committee again to discuss the audited accounts of the social insurance fund. For this reason, we will not note the Vote today but keep it open. I propose that we dispose of chapters 15.1 to 15.4, inclusive. Is that agreed? Agreed.

The agenda for the next meeting is the 2004 annual report of the Comptroller and Auditor General and Appropriation Accounts, National Treasury Management Agency — chapter 16.1, national debt, and chapter 16.2, savings bank fund; the National Pensions Reserve Fund Commission accounts 2004 and the Pensions Board accounts 2004.

The witnesses withdrew.

The committee adjourned at 2.10 p.m. until 11 a.m. on Thursday, 9 March 2006.

Top
Share