A number of methods, or a combination of methods, may be used to recover debt due to the Department where a customer is deemed to have been overpaid under any benefit or assistance scheme. These methods include:
- deduction from ongoing and future social welfare payments;
- withholding arrears of social welfare payments;
- offset against other entitlements;
- payment by lump sum(s);
- regular or instalment payments;
- attachment of financial assets or wages; and
- settlement of the estate of a deceased customer.
Provisions in respect of the recovery of sums overpaid from the estates of deceased customers has been a feature of the social welfare system for several decades. The most recent statutory provisions are set out in Social Welfare (Consolidation) Act 2005, as amended.
Data for the period 2015 to date is set out in the table below in respect of the number of cases which were managed under the estate process, together with the outstanding value of debt to be managed at the end of October 2018. Due to limitations in the debt management systems prior to 2015, similar data is not readily available for earlier years.
While the Department does not report separately on the amount received in the course of the settlement of estate cases, it is possible to say that the difference between the sums raised and the sums currently outstanding represents the sums recovered. In this context, it should be noted that some cases of debt may have to be written off after a period of time if the estate proves to be insolvent. Similarly, in some cases, settlement of a lesser amount that the sum assessed as having been overpaid may be deemed to be the most effective course of action to take to secure partial recovery of any sum overpaid.
Number and value of debts raised in Estate cases 2015-2018 and balance outstanding at end October 2018
Year overpayment raised
|
No. of cases raised
|
Value raised
|
Balance outstanding as at end October 2018
|
Original value of debt settled
|
2015
|
494
|
€18,535,506
|
€916,336
|
95%
|
2016
|
649
|
€20,525,410
|
€1,498,347
|
93%
|
2017
|
517
|
€14,429,628
|
€1,131,583
|
92%
|
2018 (to end October)
|
493
|
€11,534,738
|
€3,724,918
|
68%
|
I hope this clarifies the matter for the Deputy.