Results 21,541-21,560 of 40,550 for speaker:Joan Burton

Seanad: Social Welfare and Pensions (Miscellaneous Provisions) Bill 2013: Committee Stage (Resumed) (25 Jun 2013)

Joan Burton: I have not had a reply on that issue as yet as the Senator raised it on the last occasion. When I get it I will-----

Seanad: Social Welfare and Pensions (Miscellaneous Provisions) Bill 2013: Committee Stage (Resumed) (25 Jun 2013)

Joan Burton: As part of "available for employment and genuinely seeking work", I am going back to the Senator's example in respective of the acting profession. Suppose somebody is an actor, it is customary for such people to take part-time work elsewhere in, say, teaching or any type of work. If an actor has long spells of unemployment because he or she is unable to get work, it may be possible from...

Seanad: Social Welfare and Pensions (Miscellaneous Provisions) Bill 2013: Committee Stage (Resumed) (25 Jun 2013)

Joan Burton: The issue that Senator Moloney has raised is an issue that has developed for all social welfare systems. Some employers want highly flexible labour contracts where a person is offered a very minimum number of hours yet he or she must remain available to the employer. In effect, the employer must pay for the actual hours worked on his or her premises and social welfare pays the balance....

Seanad: Social Welfare and Pensions (Miscellaneous Provisions) Bill 2013: Committee Stage (Resumed) (25 Jun 2013)

Joan Burton: I thank Senators Zappone and van Turnhout. On this amendment, it basically is introducing a facility for a notice of attachment for the recovery of social welfare overpayments in respect of, and I stress this point, people who have substantial overpayments outstanding but who no longer are in receipt of social welfare benefit, assistance or any other payment from which the overpayment could...

Seanad: Social Welfare and Pensions (Miscellaneous Provisions) Bill 2013: Committee Stage (Resumed) (25 Jun 2013)

Joan Burton: All I can say is that approximately 11% of overpayments arise from what are called estate cases, in other words, after someone’s death when their will is being probated and their property is being distributed. It sometimes does emerge that people who claimed various payments from the Department may have had significant assets far in excess of the assets permitted by the means test....

Seanad: Social Welfare and Pensions (Miscellaneous Provisions) Bill 2013: Committee Stage (Resumed) (25 Jun 2013)

Joan Burton: They can appeal the assessment of the overpayment. That provision already exists in social welfare legislation.

Seanad: Social Welfare and Pensions (Miscellaneous Provisions) Bill 2013: Committee Stage (Resumed) (25 Jun 2013)

Joan Burton: This has been an issue in successive reports of the Comptroller and Auditor General. In recent years the annual amount for overpayment, some of which arises from fraud, some from mistakes, a small percentage as a result of errors by the Department and some from estate cases, is around €90 million. In the context of the very painful changes I have had to make as Minister and those...

Seanad: Social Welfare and Pensions (Miscellaneous Provisions) Bill 2013: Committee Stage (Resumed) (25 Jun 2013)

Joan Burton: It is always open to a person to speak to somebody in the Department and reach a deal and on most occasions people find the Department very reasonable, depending on what are their overall economic circumstances. My advice is that if an overpayment has arisen, the person should speak to somebody in the Department to make a reasonable arrangement. If a reasonable arrangement is made on a...

Seanad: Social Welfare and Pensions (Miscellaneous Provisions) Bill 2013: Committee Stage (Resumed) (25 Jun 2013)

Joan Burton: It is always possible to come to a voluntary arrangement, meaning there would not be an attachment.

Seanad: Social Welfare and Pensions (Miscellaneous Provisions) Bill 2013: Committee Stage (Resumed) (25 Jun 2013)

Joan Burton: There can be a reasonable voluntary arrangement.

Seanad: Social Welfare and Pensions (Miscellaneous Provisions) Bill 2013: Committee Stage (Resumed) (25 Jun 2013)

Joan Burton: Last year, the Seanad and the Dáil passed into law legislation applying to people in receipt of social welfare payments of any kind with an overpayment to allow for the recovery of up to 15% from the principal payment. I stress that this may apply to up to €28 per week from somebody in receipt of a personal payment of €188 per week. That is to allow for recovery, as...

Seanad: Social Welfare and Pensions (Miscellaneous Provisions) Bill 2013: Committee Stage (Resumed) (25 Jun 2013)

Joan Burton: I should add one further point. The actual overpayment recovery arrangements in this section will come into effect by way of a commencement order that will be made after the enactment of this legislation and its signing by the President as soon as the necessary administrative arrangements and the guidelines to which I refer are put in place. We will issue public notices through our...

Seanad: Social Welfare and Pensions (Miscellaneous Provisions) Bill 2013: Committee Stage (Resumed) (25 Jun 2013)

Joan Burton: As I said, in many ways the provision here is a last resort because the attachment powers will be only exercised where the person who has been overpaid has failed to discharge or engage with the Department on an outstanding overpayment. One must satisfy that a reasonable capacity to repay exists, namely: that the person has sufficient earnings or money held on deposit so that reparation can...

Seanad: Social Welfare and Pensions (Miscellaneous Provisions) Bill 2013: Committee Stage (Resumed) (25 Jun 2013)

Joan Burton: There is quite an amount of detail in the section. In addition, officials will spend a couple of months writing up fairly detailed guidelines modelled on Revenue's approach to this area. I can assure the Senator that circumstances will be taken into account. The only other mechanism open to the Department at the moment is the much more cumbersome route of going to court. This will be a...

Seanad: Social Welfare and Pensions (Miscellaneous Provisions) Bill 2013: Committee Stage (Resumed) (25 Jun 2013)

Joan Burton: Yes. Part of amendment No. 15a states that prior to giving a notice under section 343D(1), the Minister, in determining the circumstances of the overpaid people, will take into account the following: their personal and family circumstances; any statutory deductions that may affect their earnings or income; the amount of the overpayment; the period of time for which the overpayment is...

Seanad: Social Welfare and Pensions (Miscellaneous Provisions) Bill 2013: Committee Stage (Resumed) (25 Jun 2013)

Joan Burton: It can arise.

Seanad: Social Welfare and Pensions (Miscellaneous Provisions) Bill 2013: Committee Stage (Resumed) (25 Jun 2013)

Joan Burton: The most common debt due to an individual is where a person has a deposit in a bank, the bank is holding the person's money and that money is owed to the individual. It is implicitly moneys on deposit with institutions such as banks but it could be held by other people. If they have such moneys, they would be taken into account in the broad consideration of their capacity to repay. I am...

Seanad: Social Welfare and Pensions (Miscellaneous Provisions) Bill 2013: Committee Stage (Resumed) (25 Jun 2013)

Joan Burton: Section 343D, the follow-on section, sets out the procedures. Guidelines will be drafted, based on the Revenue guidelines which will set out, as does section 343D, the broad procedures on page 32 of the Bill, as amended by the Dáil.

Seanad: Social Welfare and Pensions (Miscellaneous Provisions) Bill 2013: Committee Stage (Resumed) (25 Jun 2013)

Joan Burton: The procedures are set out fairly broadly in section 343D and will be augmented by regulations which will be published and laid before the House once the Bill is enacted. It will take about two months to prepare them.

Seanad: Social Welfare and Pensions (Miscellaneous Provisions) Bill 2013: Committee Stage (Resumed) (25 Jun 2013)

Joan Burton: Section 343E(3) sets out the parallel situation to the 15%. It reads: The Minister, in determining the rate of periodical deductions under subsection (2), and in addition to considering the matters under section 343C shall not - (a ) without the prior written agreement of the overpaid person, determine a rate that exceeds 15 per cent of the net weekly emoluments to which the person concerned...