Vol. 561 No. 6
43 Mr. P. McGrath asked the Minister for Social and Family Affairs if there is discretion for officials within her Department to write-off or collect overpayments made to customers; the criteria by which such decisions are made; if mitigating circumstances are taken into account when reaching such decisions, for example, the customer being told by her Department that the overpayment would not be collected; and if she will make a statement on the matter. [4881/03]
The recoupment of money paid in error is regulated by a code of practice which governs the repayment of all social welfare overpayments. The code requires that, in the context of overpayments, due account be taken of the interests of taxpayers and social insurance contributors who finance the various social welfare payments as well as the ability of the person con cerned to repay and, in this regard, that every effort be made to recover overpayments in full.
There is provision within the code for repayment of an overpayment, to be deferred, suspended or the rate of repayment reduced, depending on the circumstances of each case. In the case of overpayments caused by departmental error, the code provides that repayment of an overpayment may be reduced or cancelled but only where the person could not reasonably have been expected to be aware of the error. Any circumstances in which a person received incorrect information from the Department is a matter of concern but would not of itself be a reason for cancelling the repayment of an overpayment for which the person is liable.
Question No. 44 answered with Question No. 10.
Question No. 45 answered with Question No. 17.
