Michael Colreavy (Sligo-North Leitrim, Sinn Fein)
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66. To ask the Minister for Social Protection the number of prosecutions taken for fraud against her Department; the cost of taking the cases and the full sum of moneys recovered for each of the past five years. [33267/13]

Joan Burton (Dublin West, Labour)
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The following table outlines the numbers of cases referred to the Chief State Solicitor’s Office (CSSO) for consideration of criminal prosecution under social welfare legislation for the years 2008 to 2012. It also outlines the numbers referred to An Garda Siochána for consideration of prosecution under criminal justice legislation.

Criminal prosecutions are taken against persons who defraud the social welfare system and employers who fail to carry out their statutory obligations. They are taken either by summary proceedings in the District Court or indictment proceedings in the Circuit Court. In addition, in cases where serious cases of identity fraud or multiple claiming occur, these are generally referred to the Gardaí for prosecution under criminal justice legislation. The legal costs are not borne by this Department and, therefore, that information is not readily available.

The Department ensures that cases that merit prosecution are forwarded for consideration of legal proceedings and that all necessary evidential proofs are available. In considering cases of social welfare fraud for legal proceedings, the Department applies defined and recognised best practice standards. While criminal prosecutions are taken with a view to securing a conviction for the offences, the recovery of the overpayment in these cases is a separate issue. However, the monies that are recovered in cases prosecuted are not tracked individually. A social welfare overpayment will remain on a person’s record until fully recovered. This will result in a reduction of all future entitlements up to and including pension. Following the death of a customer owing a debt to the Department, the Department will have a claim on any estate remaining.