My Department takes criminal prosecutions against persons who defraud the social welfare system and against employers who fail to carry out their statutory obligations under social welfare legislation. This reflects the Department's specific obligations to ensure the welfare system operates in a fair and cost effective way and that public funds are used for the purposes provided by the Oireachtas.
Cases involving the detection of theft, impersonation, identity fraud or multiple claiming are sent to An Gardaí Síochána for investigation and for consideration by the DPP for prosecution under criminal justice legislation.
The table below sets out details of cases submitted by the department for prosecution under Social Welfare Acts and cases referred to An Garda Síochána for investigation and consideration by the DPP to prosecute under the Criminal Justice Acts.
TABLE: Cases referred for Prosecution /to An Garda Síochána 2014-2018 (to end June)
|
2014
|
2015
|
2016
|
2017
|
2018
(end June)
|
Cases referred by the Department for offences under the Social Welfare Act
|
201
|
202
|
181
|
171
|
45
|
Cases referred by the Department to An Garda Síochána for offences under Criminal Justice Act
|
115
|
151
|
160
|
130
|
51
|
Total
|
316
|
353
|
341
|
301
|
96
|
The department has not appealed a sentence or conviction made by a court regarding a social welfare fraud case prosecuted under Social Welfare Acts in the period specified. The Department understands that the DPP has not appealed the outcome of any cases referred by it to An Garda Síochána to investigate for this period. The matter of costs relating to appeals does not arise where no appeals have been made.
I hope this information is helpful to the Deputy and addresses the issues raised.