Michael Ring (Mayo, Fine Gael)
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Question 215: To ask the Minister for Social and Family Affairs the reason a person (details supplied) in County Mayo has to refund the amount over-awarded by his Department; if his Department has legal advice in relation to this overpayment to this person. [16287/05]

Séamus Brennan (Dublin South, Fianna Fail)
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The person applied for one parent family payment in January 2000. Her means were assessed as nil and she was awarded the maximum rate of payment. In July 2000 the person informed my Department that she had commenced employment. The person's gross weekly earnings were given as £199.68, €253.54, and her means were re-assessed at £42.15, €53.52, in accordance with social welfare legislation. Her rate of one-parent family payment was reduced accordingly.

Following a review of the person's claim in October 2003 it came to light that her earnings had increased significantly over the intervening period. Consequently, payment was suspended and she was afforded an opportunity to comment.

Having considered the circumstances of the case, the deciding officer made a revised decision reducing her entitlement in respect of the period from 3 January 2002 to 1 January 2003 and disallowing the claim for the period from 2 January 2003 to 15 October 2003. Arising from the decision, a one-parent family payment amounting to €6,361.40 was treated as an overpayment in accordance with section 278 of the Social Welfare (Consolidation) Act 1993.

At this stage, the decision of the deciding officer is before an appeals officer and no further action on the overpayment will be taken until the appeal is determined. Under social welfare legislation decisions in relation to claims must be made by deciding officers and appeals officers. These officers are statutorily appointed and I have no role in regard to making such decisions.