Seán Power (Kildare South, Fianna Fail)

Unfortunately I cannot accept this amendment as an appeals officer cannot determine a matter of fraud, under the Constitution only a court can determine if fraud has occurred. The procedure is, if the scheme administrator has a concern regarding a repayment made, he or she should inform the HSE. The HSE would then investigate the matter further and, if it is evident that it may be a case of fraud, bring it to the attention of the person who received the repayment. The HSE would make known its concerns regarding the circumstances in which the money was received and the repayment in question could then be returned to the HSE. If this money were not forthcoming the HSE could seek to recover the money through the courts and the court would ultimately decide if a case of fraud had occurred.

This is an issue that was discussed at length in the other House. Fraudulent claims are at issue here, where people provide false information when making an application. We have a duty to the taxpayer to recoup payments made that should not have been made. I am not sure there is an easy way to tell somebody, whatever his or her age, that he or she has been overpaid and must pay the money back. It should be dealt with sensitively.