Joan Burton (Dublin West, Labour)

-----of the change in circumstances. She continues to sign a yearly annual review form stating that she is not married when in fact she has married. In that case, again, the full overpayment would be claimed back from that person. I do not think anybody in the House should disagree with this if we are to maintain the integrity of the social welfare system.

In another case similar to that raised by Deputy Cowen, a person applied for jobseeker's allowance and mentioned on the claim form that he or she intended to take a course of education in the near future, but it subsequently came to light via a student data match that the person had commenced the course of education. When the case was examined, it was decided that this was not fraud. The person's possible underlying entitlement to back-to-education allowance was examined, and this would have been offset if there was an entitlement. There is a distinction between making wilful, fraudulent misstatements in claiming benefits and having a change in circumstances. If somebody's circumstances are in a state of change and the full facts are not transmitted to the Department immediately, that would fall under the circumstances mentioned by Deputy Cowen. I have asked the Department to consider a number of examples, and I have given the Deputies three. There are probably more we could go through. It is an important area.

There are three measures to do with fraud prevention, detection and reduction in this Bill. One is concerned with joint customs checkpoints with the Garda and social welfare inspectors, which is important. There are also measures dealing with the confiscation and recovery of cards. Finally, there are the measures under discussion. I do not understand the comments of some of the Deputies last night. I know that FLAC has made a case that this is equivalent to a court action on a fine, but the point is that we will not be able to stamp out fraud, which is undermining the integrity of the social welfare system, unless we send out a message that if a person is working and claiming jobseeker's allowance, that is fraud. He or she is stealing money from old-age pensioners. Unlike during the Celtic tiger years, this matters. We do not have spare cash. Fraud reduces the pot of money available to legitimate claimants. The passage of sections 17 and 18 is important and I do not accept the amendment.

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