Dáil Éireann Debate, Tuesday - 24 July 2018
2598. Deputy John Brady asked the Minister for Employment Affairs and Social Protection the practice in place in her Department in cases in which a person has received an overpayment due to a departmental error; if the person is obliged to repay the amount; and if she will make a statement on the matter. [35339/18]
Amharc ar fhreagraOverpayments 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). Recovery of any sum overpaid as a result of Official or Departmental error is assessed on a case specific basis. In general, recovery will be sought where the customer is expected to have an awareness that the sum being paid is in excess of an entitlement.
Overpayments of this nature arise in a range of circumstances:
1. where a staff member has incorrectly applied legislation or scheme guidelines in processing a claim for assistance or benefit resulting in payments being made in excess of what the customer is entitled to receive based on the circumstances of the claim;
2. where a customer brings new facts or information to the attention of the Department that result in a lower rate of payment being applied than before;
3. where the incorrect rate of payment is applied to a claim
4. where the Department fails to act in a timely manner on information it has received which reduces the payment due to a customer.
Other than in cases where there is a computer or technical error, a determination must be made by a Deciding Officer, or a Designated Person in the case of matters that fall to be determined under Supplementary Welfare Allowances, on the degree of responsibility for any overpayment that arises and the course of action required to recover or write-off the sums overpaid. Recovery, where this is determined, is usually made by adjustments made to future payments due to the customer, following consultation with the customer.
As part of the process of finalising a decision and assessing an overpayment, the Deciding Officer, or Delegated Person, is required to engage with the person concerned to clarify any matters relevant to the determination of entitlements. Any person dissatisfied with a decision on an entitlement may seek a review and can appeal any decision to the independent Social Welfare Appeals Office. A customer may also seek to review the terms of any recovery arrangement(s) they have in place with the Department.
I hope this clarifies the matter for the Deputy.
