asked the Minister for Social Welfare if it is normal practice for persons caught by social welfare officers violating social welfare regulations not to be given the exact reason for their disqualification; and if he will make a statement on the matter.
Ceisteanna—Questions. Oral Answers. - Disqualification from Benefit.
6.
In the normal course persons who are disqualified from receipt of social welfare payments for any reason are fully informed of the decision, and of the reasons behind the decision.
In general, investigations of irregularities are carried out by social welfare officers who report the results of the investigation to a deciding officer. That officer bases his decision on all the facts before him, including the social welfare officer's report, and any response from the claimant to the nature of the evidence against him. Any decision to withdraw or reduce payment is then notified to the claimant in writing and the reasons for the decision are given in that written notice. The claimant is also advised of his right of appeal.
It may sometimes happen that payment may have to be temporarily suspended without notification where the claimant cannot be contacted because he is no longer residing at his notified address or he may be avoiding the investigating officer. Formal notification of disallowance in cases such as these would have to be delayed until the claimant reestablishes contact with the Department.
If the Deputy has any particular cases in mind which are causing him concern and would care to furnish my office with the relevant details, I will have them examined and communicate with him as quickly as possible.
I have taken the advice of the Minister. I want to ask him if he is satisfied as to the form of interview which leads to the disqualification. I understand the appeals procedure is there to serve as just that — if a person is unhappy with the decision that has been taken he may adduce new information. Would the Minister not agree that in preparing for the appeal the fact that the person disqualified has not been furnished with the reasons for disqualification is a serious disability and it affects the appeal? A practical example of this is where an individual who is unemployed for a long time through no fault of his own and who has not refused any offer of work is cut off from benefit and told he has the right to appeal. If he has been given no grounds for his disqualification, how can he structure the appeal? Will the Minister not agree it would be much better to state to the individual concerned the reasons for the disqualification?
The reasons for disqualification are given in all cases as laid down in the particular section of the Act. What the Deputy is referring to is more detail and a breakdown of the data. I am considering that question in the context of a review of the appeals system generally.
With regard to people who are found to violate the social welfare regulations, I want to ask the Minister if there are prosecutions. I would like him to give us details of the prosecutions for social welfare fraud.
If the Deputy puts down a question on that I will give him the details sought. Of course there are cases of fraud but they would involve very specific cases of fraud. That is a separate question and I would have to be given notice of it.