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Social Welfare Benefits

Dáil Éireann Debate, Wednesday - 31 January 2024

Wednesday, 31 January 2024

Ceisteanna (100)

Michael Healy-Rae

Ceist:

100. Deputy Michael Healy-Rae asked the Minister for Social Protection if she will review an overclaim for a person (details supplied); and if she will make a statement on the matter. [4587/24]

Amharc ar fhreagra

Freagraí scríofa

Carer's allowance (CA) is a means-tested social assistance payment made to a person who is habitually resident in the State and who is providing full-time care and attention to a child or an adult who has such a disability that as a result they require that level of care.CA had been in payment for the person concerned since 6 January 2011. The overpayment amount in this case refers to an overpayment of CA and the associated Carer's Support Grant (CSG) of which the person concerned was notified in writing on 23 November 2017.  The overpayment relates to the period 22 November 2012 to 18 October 2017.  The total overpaid amount assessed was for €60,281.40 and to date the person concerned has repaid €15,655.50 leaving an outstanding balance of €44,625.90.

On 12 October 2017 a letter issued to the person concerned stating that their payment may be reconsidered because it is a condition of CA that a person must be providing full-time care and attention. This means that the person concerned must provide a minimum of 35 hours care per week to the care recipient.  The information available at the time was that the person concerned had not been providing full time care and attention. The person concerned was given 7 days to reply, but did not respond. CA was therefore stopped.An assessment was carried out on this case on 23 November 2017, the person concerned was assessed with a CA and CSG overpayment of €60,281.40 between the dates of 22 November 2012 to 18 October 2017.A letter stating this decision, the reasons for it and of the right to review and/or appeal the decision issued to the person concerned on 23 November 2017, as did a separate Schedule of Overpayments.On 24 January 2019, the person concerned was approved a subsequent CA application.  On 2 February 2019, the Debt Recovery Unit (DRU) in Longford sent correspondence to the person concerned advising them that it was proposed to withhold CA Arrears of €14,632.70.On 12 November 2021, the Central Debt Unit (CDU) wrote to the person concerned and advised them to make adjusted weekly payments of €50.00 on their debt of €44,625.90 within 14 days.  The Department did not receive a response. On 12 December 2021, CDU issued a final reminder to the person concerned on the debt of €44,625.90.  The person was informed of the Department’s legal powers which permit an attachment to earnings from their employer or monies held in a financial institution.  The Department did not receive a response.On 13 January 2022, an Attachment Letter was issued by CDU to the person concerned advising them if they did not respond by 31 January 2022, that a notice of attachment would issue to their employer without any further notice instructing that 15% of current earnings be paid to Department for outstanding debts of €44,625.90.On 25 January 2022, the Department were contacted by Solicitors for the person concerned in relation to the outstanding debt.  A response issued to the solicitors on 27 January 2022 outlining the debt of €44,625.90.  The Department did not receive a response. On 26 April 2023, the CDU wrote to the person concerned and advised the person concerned to make adjusted weekly payments of €50.00 on the debt of €44,625.90 within 14 days.  The Department did not receive a response.Annual Statements issue automatically from the Debt Recovery System.  On 12 January 2024, an Annual Statement issued stating that the balance of the overpayment is currently €44,625.90.  The person concerned was asked to make contact with the Department regarding the debt.CDU will engage with the person concerned on foot of any response received and will take into consideration any financial burden that they are experiencing as a result.  Any new repayment plan applied will need to be reasonable to the person concerned and the Department. 

As with all debts owed to the Department, every effort must be made to recover debts in full.

I hope this clarifies the situation for the Deputy.

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