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Wednesday, 29 May 2013

Written Answers Nos. 46-54

Social Welfare Fraud Cost

Ceisteanna (46)

Joe McHugh

Ceist:

46. Deputy Joe McHugh asked the Minister for Social Protection the savings that were made in fraud detection in 2012; the way this figure compares with 2011; the savings that were made through fraud detection in Q1 2013 and the way this figure compares with Q1 2012 and with Q1 2011; and if she will make a statement on the matter. [25637/13]

Amharc ar fhreagra

Freagraí scríofa

The Department’s control savings targets for 2011 and 2012 were €540m and €645m respectively. In the two years in question, amounts of €645m and €669m in control savings were recorded as achieved by year end. The savings target for 2013 is €710 million which is an increase of €40m on the savings achieved in 2012.

Control savings are an estimate of the value of the various control activities across the schemes in payment. Control savings refer to future expenditure that would have been incurred but for this control work. Without this control work the social welfare expenditure would over time increase by this amount. Control savings are used as a performance indicator for year-on-year activities. Control savings do not include any cases of departmental or clerical error. Control savings do not include any cases where the customer voluntarily told the Department of their means or circumstances, which resulted in a change to their rate of payment. The Department does not classify control savings as a result of fraudulent activity.

The table gives a breakdown of the control savings recorded for Q1 2011, 2012 and 2013. Savings on a monthly or quarterly basis can vary as some control activity is recorded on an on-going basis while other project activity is only recorded when the project is completed and these projects can vary in scope and timeframe from year to year.

Q1 Figures

Savings recorded €m

Q1 2011

136.18

Q1 2012

202.22

Q1 2013

132.47

Actual money recovered arises where the Department raises overpayments in individual cases. Overpayments raised by the Department are categorised as ‘fraud’, ‘non-fraud’ or ‘estate’ cases. Fraud cases arise mainly on foot of false declarations by customers concerning their employment, income and family status. Non-fraud cases are primarily due to customer or third party error, with some due to Departmental error. Estate cases arise where undisclosed means by customers come to light after their deaths.

In 2011 a total of €92.4m was raised in overpayments and of this amount, €34.9m was recorded as attributable to fraud or suspected fraud. The Department is not in a position to publicly report on overpayments recorded in 2012 as these figures form part of the statutory accounts of the Department and are subject to audit by the Office of the Comptroller and Auditor General.

Social Welfare Eligibility

Ceisteanna (47)

Thomas Pringle

Ceist:

47. Deputy Thomas Pringle asked the Minister for Social Protection the level of information required to be provided for a claimant to satisfy the habitual residence condition; if decisions are made on a purely arbitrary basis; and if she will make a statement on the matter. [25864/13]

Amharc ar fhreagra

Freagraí scríofa

The requirement to be habitually resident in Ireland was introduced as a qualifying condition for certain social assistance schemes and child benefit with effect from 1 May 2004. It was introduced in the context of the Government’s decision to open the Irish labour market to workers from the 10 new EU Member States, without the transitional limitations which were imposed at that time by most of the other Member States. The effect of the condition is that a person whose habitual residence is elsewhere would not normally be entitled to social welfare assistance or child benefit payments on arrival in Ireland.

Under social welfare legislation, decisions in relation to all aspects of claims are made by statutorily appointed Deciding Officers (DOs) and decisions in relation to Supplementary Welfare Allowance are made by Designated Persons (DPs). Each case received for a determination on the Habitual Residence Condition (HRC) is dealt with in its own right and a decision is based on the application of the legislation and guidelines to the particular individual circumstances of the case. Before a decision can be made regarding a person’s habitual residence, it must first be established whether the person has a legal right to reside in the State. For example, nationals from outside the EU who have been granted special permission to remain in Ireland will need to provide an official letter from the Department of Justice and Equality to confirm their status and /or a copy of their residency permit (Garda National Immigration Bureau card).

The right to reside test is a question of law, which seeks to ascertain whether the claimant has a lawful right to reside in Ireland. Once the legal right to reside is satisfied the five criteria used to determine whether a person satisfies the HRC includes a) the length and continuity of living in Ireland, b) length and reasons for any absence, c) nature and pattern of the person’s employment, d) person’s main centre of interest and e) future intentions of the person applying for the social welfare scheme.

Examples of information required include:

- identification documents such as a passport,

- bank statements from outside and within Ireland, as applicable,

- utility bills such as electricity, gas, telephone,

- rent/ mortgage agreements or receipts for local authority charges,

- travel documents or evidence to move or store personal possessions.

The HRC is a question of fact, which seeks to ascertain whether the claimant has established his/ her ‘centre of interest’ in Ireland by examining family connections, length of stay, employment history etc. HRC guidelines are available on the DSP website which outline in detail the legislative basis for making decisions and also provide detailed guidance for customers. Any applicant who disagrees with the decision on a case has the right to request a review of that decision internally within DSP and/or appeal to the independent Social Welfare Appeals Office.

Question No. 48 answered with Question No. 43.

Rent Supplement Scheme Applications

Ceisteanna (49)

Mick Wallace

Ceist:

49. Deputy Mick Wallace asked the Minister for Social Protection if she will look at the case of a family (details supplied) in County Wexford which have been on the social housing list for a total of nine years; and if she will make a statement on the matter. [25866/13]

Amharc ar fhreagra

Freagraí scríofa

The Department’s primary role in relation to the area of housing supports is the provision of income support through the rent supplement scheme for which the Government has provided a sum of over €403 million for 2013. The purpose of the scheme is to provide short-term income support to assist with reasonable accommodation costs of eligible people living in private rented accommodation who are unable to provide for their accommodation costs from their own resources and who do not have accommodation available to them from another source. The overall aim is to provide short-term assistance and not to act as an alternative to the other social housing schemes operated by the Exchequer.

The person concerned was previously in receipt of rent supplement from 24th August 2009 to 26th January 2013 when payment ceased as she was no longer occupying rented accommodation. The Department has no record of a current application for rent supplement from the person concerned. If the person concerned wishes to reapply for rent supplement, her eligibility will be determined in the normal manner.

Question No. 50 answered with Question No. 37.
Question No. 51 answered with Question No. 13.
Question No. 52 answered with Question No. 27.

Job Initiatives

Ceisteanna (53)

Jim Daly

Ceist:

53. Deputy Jim Daly asked the Minister for Social Protection if she has considered the paper entitled Ticket to Work; and if she will make a statement on the matter. [25641/13]

Amharc ar fhreagra

Freagraí scríofa

I am grateful to the Deputy for his work on developing the proposed initiative which he has entitled “Ticket to Work”. While the establishment of such a scheme would be a matter for my colleague, Richard Bruton T.D, the Minister for Jobs, Enterprise and Innovation in the first instance, consideration of any such intervention would have to be cognisant of its potential effect on the functioning of the labour market and the possible duplication of elements of existing schemes that share the same objectives. The Action Plan for Jobs 2013 outlines seven disruptive reforms which are high impact measures with ambitious deadlines. One such reform is JobsPlus which is to be delivered by the Department of Social Protection beginning in July and which will provide cash incentives to employers who hire people from the Live Register. The Deputy will also be aware that the Government continues to strengthen implementation of its activation strategy set out in Pathways to Work by reforming and revising many of the schemes and approaches that have heretofore been available for those without work.

Question No. 54 answered with Question No. 30.
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