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Social Welfare Payments

Dáil Éireann Debate, Thursday - 30 November 2023

Thursday, 30 November 2023

Questions (422)

Bernard Durkan

Question:

422. Deputy Bernard J. Durkan asked the Minister for Social Protection the reason an overpayment was registered against a person (details supplied), given that the decision overturned a previous decision; and if she will make a statement on the matter. [53167/23]

View answer

Written answers

Jobseeker's Allowance (JA) is a means-tested payment made to people who are unemployed and who do not qualify for Jobseeker's Benefit or Jobseeker’s Benefit for the Self-Employed.

To qualify for JA, a person must:

• be over 18 and under 66 years of age

• satisfy a means test

• be habitually resident in Ireland

• be capable of work

• be available for full-time work

• be genuinely seeking work

• be fully or partly unemployed (at least 4 days out of work in every 7)

According to the records of my Department, the person concerned was advised on 04/11/2023 that they had been overpaid as they had commenced a full-time ETB training course on 02/08/2023 and were paid their full JA payment to 08/08/2023.  The person was afforded the opportunity to comment on the contents of this letter and invited to send to the Department any facts or evidence to be taken into consideration, within 14 days.  As the person did not contact my Department a decision letter issued on 21/11/2023 in which the person was advised they had incurred an overpayment of €270.  The person was also advised of their right to request a review of the decision made by the Deciding Officer and/or the right to appeal this decision to the Social Welfare Appeals Office.

The person is currently repaying an overpayment of €821.98 incurred during the period 21/11/2021 to 07/12/2021 as they were both employed and claiming JA at the same time. 

The person has been repaying this overpayment at a rate of €10 per week.  Their total debt balance as at 28/11/2023 for both overpayments stands at €481.99.

Overpayments of social welfare assistance and benefit payments arise as a consequence of decisions made under the relevant sections of the Social Welfare (Consolidation) Act, 2005 (as amended).  A person who has been overpaid social welfare has a liability to refund the overpayment as they have been in receipt of a payment to which they were not entitled.  Where an overpayment is raised, the Department makes every effort to recover the amount overpaid.

Recovery is sought over a period without imposing undue financial hardship on the person.  The Department will work with the person and consider personal circumstances in determining a repayment plan.

I trust this clarifies the matter.

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