Róisín Shortall (Dublin North West, Labour)
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Question 119: To ask the Minister for Social and Family Affairs if her attention has been drawn to the concerns of the Social Welfare Appeals Office of the actions of deciding officers in applying the fraud legislation to straightforward cases of overpayment; and the course of actions she will take to ensure that this practice ends. [18608/08]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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Deciding Officers revise decisions when new evidence that affects entitlement comes to their attention. An overpayment arises where the revised decision is effective from a date in the past and may be due to mistakes having been made by the customer, a third party or by the department but may also be due to the customer making false or misleading statements or wilfully concealing material facts i.e. fraud.

Prior to deciding that changes in entitlement are due to fraud, deciding officers give careful consideration to all the evidence available and offer the customer the opportunity to comment, and to submit any facts or information to correct any inaccuracy or incompleteness in the information. If the customer is dissatisfied with the deciding officer's decision s/he may appeal the decision to the Chief Appeals Officer.

Comprehensive guidelines are issued and training is provided to Deciding Officers to ensure that high standards are met and maintained in all aspects of decision-making.

Focus is placed on the appropriate legislation that should be applied when making revised decisions. I am satisfied that in the vast majority of cases, correct decisions are made regarding entitlement and that Deciding Officers provide a high quality service. Regular meetings are held with the Social Welfare Appeals Office to discuss the quality of decision making and any other issues which need to be addressed.

Individual cases, brought to attention by the appeals office, because they do not meet acceptable standards, are followed up so that corrective measures can be taken.