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Social Welfare Code

Dáil Éireann Debate, Wednesday - 10 November 2010

Wednesday, 10 November 2010

Questions (190, 191)

Denis Naughten

Question:

227 Deputy Denis Naughten asked the Minister for Social Protection the investigations that take place when an application is made (details supplied); the proof required by the Department in such situations; whether the onus of proof lies with the employer or employee; the steps the Department takes to rectify such situations; and if he will make a statement on the matter. [41843/10]

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Written answers

The Department's Inspectorate, appointed under Section 250 of the Social Welfare (Consolidation) Act 2005, is responsible, inter alia, for ensuring that employers and self-employed people comply with the Act in relation to Pay Related Social Insurance (PRSI) contributions. Employer compliance, in this regard, is monitored through employer enquiries and inspections which include detailed examinations of employers' records to ensure that correct PRSI payments are being made in respect of all employees.

Where PRSI undercharges are confirmed, the Inspector sets out the PRSI arrears or underpayment in respect of each employee for each tax year and issues a demand to the employer for payment. Should the employer fail to respond satisfactorily, a statutory demand will issue by registered post and the employer given 14 days to respond. If the employer fails to respond, the case is considered for prosecution.

Employer enquiries on PRSI compliance can be referred either by a customer or by a Department official where irregularities on a customer's record are identified. Where an employee notifies the Department that his or her employer has not been remitting PRSI on their behalf, or where an irregularity in a customer's PRSI record is detected at claim processing stage, the case is referred to a Social Welfare Inspector to enquire into the matter.

The Department is committed to ensuring that employers comply with their statutory obligations, thereby ensuring that employees do not suffer a delay in securing any social welfare entitlements and contributions to the Social Insurance Fund are made in an accurate and timely manner.

Joanna Tuffy

Question:

228 Deputy Joanna Tuffy asked the Minister for Social Protection the reason rent allowance has been stopped in respect of a person (details supplied) in County Meath; if this decision can be urgently reviewed given that the person has supplied all the requested information; and if he will make a statement on the matter. [42016/10]

View answer

The Health Service Executive (HSE) has advised that the person concerned has notified them that she no longer wishes to claim rent supplement in County Meath but does wish to make a claim for rent supplement in Dublin. The HSE has advised the person concerned to make an application for rent supplement to the community welfare officer in the area where she intends to reside.

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