Written answers

Tuesday, 19 January 2010

Department of Social and Family Affairs

Social Welfare Fraud

9:00 pm

Photo of Mary UptonMary Upton (Dublin South Central, Labour)
Link to this: Individually | In context

Question 739: To ask the Minister for Social and Family Affairs her views on the fact that those convicted of social welfare fraud are not given sentences appropriate to the crime of stealing public moneys; and if she will make a statement on the matter. [48596/09]

Photo of Mary HanafinMary Hanafin (Dún Laoghaire, Fianna Fail)
Link to this: Individually | In context

The Department's policy is to consider for prosecution all cases of fraud against the social welfare system. Criminal prosecutions are taken in the main by summary proceedings in the District Courts. The maximum penalty currently provided for in social welfare legislation for cases taken summarily is a fine not exceeding €1,500 per offence or a term of imprisonment not exceeding 6 months or both such fine and imprisonment. The Department of Justice, Equality and Law Reform currently have a Fines Bill before the Dail which, if passed, will increase the fine from €1,500 to €2,500 per offence.

Social welfare legislation also provides that the benefit of the Probation Act cannot be applied in any case unless the debt relating to the social welfare offences before the court is fully repaid. The Courts are totally independent of the State and judges have the discretion to decide on the appropriate penalty to be applied in any case having regard to the evidence presented to them in relation to the case. It would not be appropriate for me to comment on these matters.

Photo of Mary UptonMary Upton (Dublin South Central, Labour)
Link to this: Individually | In context

Question 740: To ask the Minister for Social and Family Affairs further to Parliamentary Question No. 273 of 16 December 2009, if she will bring forward legislation to discontinue welfare payments in the case of a person who has been found guilty of social welfare fraud; and if she will make a statement on the matter. [48598/09]

Photo of Mary HanafinMary Hanafin (Dún Laoghaire, Fianna Fail)
Link to this: Individually | In context

A person who fulfils all of the statutory provisions for a given contingency based social welfare scheme is entitled to that payment for the duration of the period they continue to satisfy those requirements.

In addition, the Supplementary Welfare Allowance scheme provides support for persons who are unable to meet their needs. If entitlement to this payment was to be removed, this would mean that the welfare system would not be in a position to provide support to a person even when they were unable to meet their basic needs in a given period. Such a step would represent a major change to the underlying principles of the SWA scheme.

A person who has been found guilty in court of social welfare fraud is subject to the penalties imposed by the court in relation to the crime committed. While the Department would aim to recover any monies which had been fraudulently received it would not be appropriate for the Department to apply further penalties over and above those imposed by the Court.

Comments

No comments

Log in or join to post a public comment.