Dáil Éireann Debate, Tuesday - 8 September 2020
759. Deputy John McGuinness asked the Minister for Social Protection if the case of a person (details supplied) will be reassessed in view of the circumstances; and if she will make a statement on the matter. [22465/20]
View answerThe person concerned is in receipt of disability allowance (DA) since 15 October 2002. Following a review of his entitlement in August 2018 it was found that he had means from employment not previously disclosed to the Department.
Based on his earnings, it was decided that this gentleman was entitled to a lower rate of DA than the rate he had received resulting in an overpayment. Accordingly, his weekly rate of entitlement was reduced. A review was carried out on 4 September 2020 and the person concerned has been assessed with nil means from 18 March 2020.
On 30 November 2018, the person concerned was notified that an overpayment was assessed against him and he was given the right to request a review or to appeal to the independent social welfare appeals office (SWAO). He requested a review of the decision. However after re-examining his case it was decided that a review was not warranted based on the information supplied. He was notified accordingly on 16 January 2019.
The decision was appealed to the SWAO. The question under appeal was whether the rate of entitlement to DA had been properly calculated and whether it was correct to raise an overpayment in his case. The Appeal was disallowed. The Appeal’s Officer’s decision is final and may only be reviewed in light of new facts or fresh evidence being submitted that was not to hand at the time of the appeal.
When determining the rate of debt recovery, the Department must ensure it does not cause undue hardship to the person having regard to their circumstances and their overall ability to pay. The debt recovery unit (DRU) in the Department will engage with the person concerned and will take into consideration any financial burden they are experiencing. DRU will consider all circumstances and tailor a new repayment plan that is reasonable both for the person concerned and for the Department. As with all debts owed to the Department, the Minister must make every effort to recover debts in full and debts will remain until fully recovered.
I trust this clarifies the matter for the Deputy.
