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Dáil Éireann debate -
Tuesday, 19 Nov 2002

Vol. 557 No. 4

Written Answers. - Social Welfare Benefits.

Michael Ring

Question:

483 Mr. Ring asked the Minister for Social and Family Affairs the way in which her Department can deduct ?5 per week from the disability allowance paid to a person (details supplied) in County Mayo, considering that this matter went to court and the case was dismissed; if the full payment can be restored to this person immediately; if not, if an oral hearing can be scheduled for this person; and her Department's justification in making the deduction when the court case was dismissed. [22155/02]

The person concerned has been in receipt of disability allowance since 28 February 2001. On the basis of his means assessment he is entitled to the maximum weekly rate of €118.80 per week. However, €5 per week is being withheld towards recovery of an overpayment of €24,843.95 in respect of unemployment assistance which was paid to him previously. The overpayment arose because the person concerned failed to notify my Department that he had married and that his wife was employed. He appealed the decision and after an oral hearing an appeals officer disallowed the appeal. Summary proceedings were also initiated against the person concerned under the Social Welfare Acts. He was convicted in Westport District Court for offences under the Social Welfare Acts and a fine of €150 was imposed.

Under the legislative provisions which apply, he is liable to fully repay the amount overpaid to the Department. The arrangements regarding the refund of €5 per week were made under the code of practice operated by my Department in relation to recovery of overpayments. The continued deduction of €5 per week from the person concerned is not considered unreasonable in this case.
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