Dáil Éireann Debate, Wednesday - 19 December 2018
562. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the steps she continues to take to ensure against the occurrence of overpayments that result in recovery and consequent hardship with particular reference to cases in which the overpayment was not as a result of an oversight or negligence on the part of the applicant; and if she will make a statement on the matter. [53845/18]
Amharc ar fhreagraA social welfare overpayment occurs when a person is paid in excess of their entitlement to a social welfare payment. A deciding officer of the Department will usually determine the period and the amount of the excess payment. Customers have a legal right to seek a review of any decision and can appeal any decision to the Social Welfare Appeals Office if dissatisfied by the determination of the deciding officer.
Section 338 of the 2005 Social Welfare (Consolidation) Act requires a person to repay the amount paid in excess of their entitlement. It is Departmental policy to seek recovery of monies overpaid.
Practice and procedural safeguards to designed to ensure that all customers receive fair and equitable treatment. All customers are afforded opportunities to make his or her case in determining the sum to be recovered and the method of recovery. Where information is provided, an agreed repayment schedule can be put in place.
Overpayments may be recovered through regular periodic payments, deduction from on-going benefit or assistance payments, or by way of lump sum payments or regular instalments. Where a customer fails to engage, the Department has powers to serve notice of attachments on sums held in financial institutions or on wages.
When determining the rate of recovery, consideration is given to:
- finding an agreed arrangement reflective of the personal and family circumstances of the person concerned;
- affordability and the avoidance of hardship; and
- ensuring the debt is repaid as early as possible.
The general approach is that the amount proposed in any recovery arrangements is the sum that the person can afford and which reflects their circumstances. The department exercises care to avoid imposing financial hardship by engaging with the person concerned and agreeing a repayment plan that reflects their ability to repay.
I hope this clarifies the matter for the Deputy.
