Dáil Éireann Debate, Wednesday - 25 May 2016
205. Deputy Bernard J. Durkan asked the Minister for Social Protection the extent to which overpayments, culminating in a recovery, may exist in respect of cases whereby the recipient of the alleged overpayment may have a prior entitlement which would reduce the extent of liability to repay; and if he will make a statement on the matter. [12105/16]
Amharc ar fhreagraThe Department of Social Protection administers some 70 schemes. Overpayment of social welfare benefit or assistance can be described under three broad headings related to fraud and misrepresentation by the applicant to obtain a payment; error and changes in the underlying circumstances of the recipient; or errors and failures in the processing of claims and information by staff of the Department.
When a person is in receipt of a social welfare payment, the onus is on that person to notify the Department of any change in circumstances which may affect their continued entitlement to that payment. Changes may arise from a variety of reasons such as family composition, taking up employment, income levels and/or entitlements to other benefits.
Where an overpayment is assessed, the Department has the discretion to look at the person’s entitlement to another welfare payment for the period being reviewed. If entitlement to another payment is established, the amount of the overpayment can be offset by the value of any arrears due. However, offsetting is limited by statute to overpayments that do not arise from fraudulent, false or misleading statements or wilful concealment of facts. In the case the overpayment arising from fraudulent conduct, the debt to the Department must be discharged.
