Where fraud and abuse of the social welfare system occurs, it is the Department's policy to consider the more serious of these cases for prosecution. Factors considered in deciding whether to prosecute include the duration of the fraud, the earnings of the offender during a period of concurrent working and claiming, any mitigating or aggravating circumstances involved and the deterrent effect a particular prosecution may have in the public mind.
Social welfare legislation lays down penalties ranging from 12 months' imprisonment and-or a fine of €1,270 to be imposed in the event of conviction in summary court proceedings. However, the level of these penalties imposed in an individual case is entirely a matter for the courts.
It is my Department's policy to endeavour to recover all moneys incorrectly paid and every effort is made to recover overpayments in full, having regard to the provisions of the Department's code of practice for recovering overpayments which is in place to regulate this process. The method and pace of recovery is determined having regard to the individual circumstances of those who have been overpaid, and the application of control policy by my Department involves striking a balance between protecting the public purse and exercising sympathetic consideration where such is warranted.
The question of introducing alternative penalties in appropriate cases as an alternative to prosecutions was raised by the Comptroller and Auditor General in his recent value for money study of control activities in my Department. This matter is being examined by my Department in the light of, inter alia, the legal and constitutional issues involved.