Batt O'Keeffe
Question:191 Mr. B. O'Keeffe asked the Minister for Social Welfare if he has instructed his Department to accept no more than £2 per week as recoupment where overpayments have been detected. [17372/96]
Written Answers. - Overpayments Recoupment.
No such instruction has been given. The arrangements for the recovery of overpayments have been put on a statutory footing recently under powers which were given to my predecessor in office three years ago.
Social Welfare legislation was amended in 1993 to provide that repayment of social welfare overpayments may by deferred, suspended, reduced or cancelled by an officer of the Minister authorised by him for this purpose in accordance with such code of practice as may be prescribed. I recently made regulations which prescribe this code.
The code specifies the information to be given to an individual assessed with an overpayment, the need to have regard to his or her ability to repay the overpayment and the various methods of recovery. It also provides for circumstances in which the deferral, suspension, reduction or cancellation of repayment of an overpayment may be considered. Where a person fails to make satisfactory efforts to repay an overpayment, the code provides that the Department may pursue recovery through the courts.
The code requires that in pursuing recovery of overpayments due account must be taken of the interests of taxpayers and social insurance contributors, including employers, who finance the various social welfare payments as well as the ability of the person concerned to repay. The code stipulates that every effort shall be made to recover overpayments in full. The rate of recovery sought must thus have regard to the amount of the overpayment and the circumstances in which it arose.
The code provides that the amount of repayment shall not reduce a person's weekly income below that of his or her basic needs. These are defined in social welfare legislation as the weekly rate of supplementary welfare allowance appropriate to his or her family circumstances.
As the Deputy is aware, I receive representations from Deputies of all parties to reduce even minimal repayments on grounds of hardship.