Dáil Éireann Debate, Thursday - 2 June 2022
300. Deputy Gary Gannon asked the Minister for Social Protection the precise legislative provision that authorises home inspections as envisaged by article 4.2 and 4.3 of the Code of Practice for Social Welfare Inspectors. [28800/22]
Amharc ar fhreagra301. Deputy Gary Gannon asked the Minister for Social Protection the details of any circular or memo issued by her Department that authorises home inspections for social welfare inspectors. [28801/22]
Amharc ar fhreagraI propose to take Questions Nos. 300 and 301 together.
Social Welfare Inspectors are appointed under the provisions of Section 250(1) of the Social Welfare Consolidation Act 2005 by “The Minister, or an officer authorised in that behalf by special or general directions of the Minister…”
Under Section 250(2) of the Act “every Social Welfare Inspector shall investigate and report to the Minister on any claim…which may be referred to him or her by the Minister and may, for the purpose of the investigation and report require – (a) a claimant or a beneficiary… to give to the Social Welfare Inspector the information and to produce to him or her the documents, within the period that may be prescribed, as he or she may reasonably require.”
When investigating a claim under Section 250(2) of the Act, a Social Welfare Inspector will use his or her judgement in considering the most appropriate location for an interview to gather the required information and documentation. Interviews may be conducted in a customer’s home, in the Department’s offices or, for example, on a premises where employment is believed or suspected to be taking place.
However, I should emphasise that Social Welfare Inspectors may only enter a private home if invited. There is no statutory power of entry, unlike a workplace in line with Sections 250(3) and 250(8) – these sections of the Act detail the powers of Social Welfare Inspectors when conducting employer inspections to ensure that an employer is complying with their PRSI obligations.
If a customer does not wish to allow an Inspector to enter their private home, they may be requested by the inspector to make themselves available for interview at an alternative agreed location. It is important to understand that Social Welfare Inspectors work across the range of the Department's activities and that home visits could be required, for instance, to facilitate a customer who for various reasons is unable to leave their home, or to review a case without which a delay in payment to the customer might occur. Home visits may also be used to ensure a customer is resident at the address stated on their claim.
As the Deputy will appreciate, in many cases home visits are a more suitable way of interacting with the Department’s inspectors for customers.
Social Welfare Inspectors are amongst the Department's officials that are requested to comply with the Department's Code of Conduct for Staff Engaged in Outdoor Functions and I have asked my officials to forward you a copy of this document.
