Seán Power (Kildare South, Fianna Fail)

I move amendment No. 14:

In page 18, line 36, to delete "the scheme administrator is satisfied" and substitute:

"it comes to the knowledge of the scheme administrator".

This amendment addresses a concern raised by Deputy McManus regarding the Health Service Executive determining whether a case of fraud has occurred without recourse to the courts. Under the Irish Constitution, only a court is empowered to determine a question of fraud. Where the HSE believes there has been fraud, it can claim that such fraud has occurred but only a court can decide whether there has been any fraud. The amendment is to reduce any confusion on this issue. The proposed procedure in possible cases of fraud is that the scheme administrator would bring any concerns it may have regarding fraud to the attention of the Health Service Executive. The executive may then, having investigated the matter, bring a claim alleging fraud and ask the applicant for an amount determined due to the executive. The applicant has the option of returning the outstanding money, or the executive may seek the recovery of the money through the courts.

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