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Social Welfare Fraud.

Dáil Éireann Debate, Wednesday - 4 May 2005

Wednesday, 4 May 2005

Questions (259, 260, 261)

David Stanton

Question:

286 Mr. Stanton asked the Minister for Social and Family Affairs the consultancy projects which have been undertaken in the past 20 years to assist his Department estimate the scale and nature of losses that might be occurring due to fraud and errors made by claimants and employers in so far as the collection of PRSI and the payment of benefit and allowances is concerned; when consultants issued their findings on each such project; the follow up actions which were taken by his officials or by Government to counteract any risks identified; and if he will make a statement on the matter. [13967/05]

View answer

Written answers

In August 1986, Craig Gardner Consultants were commissioned to examine the major payment systems in my Department with a view to establishing where they were most at risk and to advise on cost effective measures to keep these risks to a minimum. The consultants submitted three reports containing a number of recommendations covering operational and organisational arrangements and about protecting the schemes from abuse. The final report was submitted in November 1987.

The main recommendations covered internal working arrangements and the manner in which services were delivered. In particular, the consultants recommended a greater emphasis on local service and control, the examination of identity issues and the introduction of new payment methods. Since then the Department has gone through a major reorganisation which has allowed for a more focused approach to fraud and control. This reorganisation included the establishment in 1991 of a regional structure, a dedicated control division in 1992 and the setting up of separate control units in each of my Department's scheme sections. There has also been an increase in the number of staff involved in control work generally.

Throughout the 1980s the rapid introduction of information technology facilitated the move from manual to computerised systems to support the administration of the Department's schemes and the elimination of cash payments in local offices. This allowed my Department to take a more focused, co-ordinated and effective approach to control of schemes by enabling data from a variety of sources to be cross checked and potential irregularities isolated and investigated.

The services operated by the network of local and branch offices have expanded significantly since the Craig Gardner reports. Claims for pre-retirement allowance and farm assist are processed locally and currently the one-parent family payment scheme is being localised. A facility is also available to register and to certify ongoing entitlement to claims for disability benefit. In addition, all applications for personal public services numbers, formerly the revenue and social insurance number, are processed through the network of local and branch offices. A comprehensive information service is also provided in these locations for customers.

There has also been an increased emphasis on liaison and co-operation with external organisations to support my Department's control activities. In this context, my Department has put an extensive legal framework in place to support the sharing of data with other prescribed organisations for the purposes of controlling the entitlement and payment of benefits. Information is obtained and acted upon on an ongoing basis from a range of organisations including the Revenue Commissioners, FÁS, the Health Service Executive and other Government Departments. For example, commencement of employment data received from the Revenue Commissioners and details of full-time registered day time students from third level institutions is matched against social welfare databases to identify cases where there is a possible overlap between the employment or college attendance period and the social welfare payment. Cases identified with open claims are referred to the relevant areas for investigation.

In addition, there is regular contact between my Department and the social security authorities in the United Kingdom and Northern Ireland. The level of co-operation between my Department and all these organisations is kept under continuous review with a view to enhancing it where appropriate.

Another initiative involved the setting up of a joint investigation unit, comprising inspectors from my Department's special investigation unit and the Revenue Commissioners, to use their combined legal powers to ensure that employers comply with their PAYE-PRSI obligations and to identify customers working and claiming benefit. My Department's control strategy, published in 2003, is based on a four pronged approach to the control of schemes, namely, prevention of fraud and error at the initial claim stage, early detection through effective review of claims in payment, measures to deter fraud and the pursuit and recovery of overpayments.

The introduction of systematic risk analysis of major schemes is a key element of the approach to tackling fraud and abuse. Furthermore, surveys of schemes are undertaken to establish baseline levels of fraud and abuse and my Department is committed to undertaking at least two such surveys annually. All cases of fraud are considered for prosecution. A policy on prosecution was published in early 2003 which has resulted in increased numbers of cases being prosecuted. In 2004, 503 cases were submitted for prosecution compared with 405 and 245 respectively in respect of the previous two years.

David Stanton

Question:

287 Mr. Stanton asked the Minister for Social and Family Affairs the new or additional legislative provisions which have been adopted in the past ten years to assist in preventing and deterring fraud; and the incidence of cases identified to which any such new provisions relate. [13968/05]

View answer

The following anti-fraud initiatives were enacted in the last ten years. Section 22 of the Social Welfare Act 1998 amended the Social Welfare (Consolidation) Act 1993 to provide that persons who fail to provide information to the Minister about persons or class of persons, as may be prescribed, shall be guilty of an offence.

Section 26 of the Social Welfare Act 1999 amended section 212 of the Social Welfare (Consolidation) Act 1993 by conferring more specific powers on social welfare inspectors regarding inspection and taking copies of records found on inspection of premises, removing and retaining such records and securing records for later inspection. Social welfare inspectors were also given power to summon the occupier of the premises, or an employer on the premises, to attend at an office of the Minister or other premises for clarification of any questions consequent on inspection, by notice in writing. A social welfare inspector may be accompanied by Garda when performing any power conferred under that section and, if accompanied by Garda, may stop any vehicle suspected to be used in course of employment or self employment and may question and make inquiries of any person in the vehicle or require him to produce any employment records in his possession.

Section 28 of the Social Welfare Act 1999 amended section 224 of the Social Welfare (Consolidation) Act 1993 to allow a prosecution for a summary offence under that Act to be brought at the suit of the Health Service Executive and the Collector General. It also provided that civil proceedings under that Act may be taken by or against the Criminal Assets Bureau.

Section 17 of the Social Welfare and Pensions Act 2005 amended section 224(a) of the Social Welfare (Consolidation) Act 1993 to extend the period under which a prosecution may be taken from six to 18 months, commencing on the date on which evidence sufficient to justify the institution of that prosecution comes into the possession of the Minister. The Social Welfare (Miscellaneous Control Provisions) Regulations 1997, S.I. No. 155 of 1997, consolidated existing regulations and introduced an extension of the notification of commencement of employment requirement to the meat processing industry. They also extended to PLC students the requirements applying to some institutes of higher education to provide information to the Minister at the start of each academic year in respect of each person registered as a student at that institution.

The amendment contained in section 22 of the 1998 Act was used to extend these provisions to private colleges or schools which do not receive funding or validation from the Department of Education and Science or other bodies. The Social Welfare (Miscellaneous Control Provisions) (Amendment) Regulations 1998, S.I. No. 468 of 1998, refer. The Social Welfare (Miscellaneous Control Provisions) (Amendment) Regulations 2001, S.I. No. 327 of 2001, extended the obligation on employers to maintain on-site records to the construction industry. These measures were designed to facilitate the detection of potential fraud and abuse.

While the specific nature of the fraud or abuse detected is recorded in all cases in terms of the outcome of investigations, records are not maintained in such a way as to provide the information sought by the Deputy.

David Stanton

Question:

288 Mr. Stanton asked the Minister for Social and Family Affairs the number of employers who have been compelled to repay benefits, pensions, allowances, assistance or supplements, in accordance with section 219 of the Social Welfare (Consolidation) Act, fraudulently obtained as a result of an employer’s failure to maintain records as required by the Act, each year since the provision was enacted; and the amount repaid in each year. [13969/05]

View answer

The aim of my Department's control policy is to prevent fraud and abuse. A key aspect of control policy is deterrence and effective debt management is seen as an integral part of the deterrent approach.

Use of section 219 of the Social Welfare Consolidation Act 1993 as a method of overpayment recovery, in appropriate cases, is one element of my Department's debt management policy. Under this section, where an employer fails to maintain proper and complete wage records detailing the employment details of it's employees and where, due to that failure, an employee receives a benefit, pension, assistance or allowance payment to which he/she would not otherwise be entitled, the employer is liable to repay the full amount of that benefit, pension, assistance or allowance.

Based on available records, the number of employers in respect of whom overpayments have been assessed under section 219 and the amounts paid from 1999 onwards are detailed in the table. Details of payments made by employers under section 219 prior to this are not available.

Year

Number of Employers

Total Amounts (Euro)

1999

24

120,712.55

2000

42

101.583.49

2001

33

65,403.55

2002

45

101,760.52

2003

45

107,204.69

2004

40

86,098.13

2005 (to date)

18

35,969.90

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