Dáil Éireann Debate, Tuesday - 20 June 2017
2090. Deputy Richard Boyd Barrett asked the Minister for Social Protection the mechanisms available for a person to continue to dispute an overpayment from her Department once an appeal has been unsuccessful; and if she will make a statement on the matter. [28615/17]
Amharc ar fhreagraAn overpayment of social welfare benefit or assistance is assessed as part of the statutory decision-making process provided for under the Social Welfare (Consolidation) Act 2005. When a revised decision on a social welfare entitlement is made, the claimant is notified of the outcome and the value of any overpayment assessed. In line with the statutory provisions, the person concerned is advised of the opportunity to appeal the decision to the Social Welfare Appeals Office.
The Appeals Officer’s decision is normally final and conclusive but may be appealed to the High Court on any question of law. However, if the appellant is not satisfied with the appeal decision, he or she may seek to have it reviewed under specific provisions of the Social Welfare (Consolidation Act) 2005 in the following circumstances - where new facts or evidence which are relevant to the original decision are brought to notice since the appeal decision was given, or, where it is considered that the appeal decision was wrong by reason of a mistake in relation to the law or the facts.
If the outcome of an appeal confirms the initial decision and the amount overpaid has been correctly determined, the Department will commence recovery of the overpayment. In making arrangements for the recovery of the sum overpaid, the Department takes into account the financial and other implication for the person concerned and will aim to avoid hardship. It is important that the person concerned works with the Department in agreeing a recovery plan that ensures the overpayment can be discharged in a manner that is acceptable to both parties. The Department has a responsibility to ensure that all overpayments are recovered in full.
I hope this clarifies the matter for the Deputy.
