Dáil Éireann Debate, Wednesday - 16 January 2013
415. Deputy Michael McGrath asked the Minister for Social Protection the way her Department calculates the weekly amount to be repaid by a welfare recipient in the case where an overpayment has been made by her Department; the criteria that are taken into account; and if she will make a statement on the matter. [57810/12]
View answer471. Deputy Michael McGrath asked the Minister for Social Protection the maximum amount that can be currently deducted under law from a person's weekly social protection payment in respect of an overpayment of a benefit in the past; and if she will make a statement on the matter. [1148/13]
View answerI propose to take Questions Nos. 415 and 471 together.
The overall goal of the Department in relation to debt management is to actively pursue the recovery of debt to maximise overall recovery levels. All debts currently owing to the Department, as a result of benefits received in excess of entitlement, are repayable in full. The Department does not apply interest or penalties on the amounts owing. Debt holders should be aware that a Departmental debt will remain on their records until fully recovered. This may result in a reduction of future entitlements up to and including State Pension. Furthermore, following the death of a customer who owns a debt, the Department has a claim on any estate remaining.
There is no maximum limit to the amount that can be recovered from a person’s weekly social welfare payment with their consent. However, in accordance with provisions contained in the Social Welfare Act 2012, up to 15% of the weekly personal rate payable may be deducted in respect of an overpayment without the customer’s consent. This provision will be commenced in the next few weeks.
In general, the rate a debt is recovered at differs from case to case and when determining the rate of recovery consideration is given to the following issues:
- getting repayment of the debt as soon as possible;
- not causing undue hardship to the person; and
- any case made by the person regarding the circumstances giving rise to the debt.
