Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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48. To ask the Minister for Social Protection in the case of social welfare recipients who have had a decision of recovery-of-overpayment made against them, if the 15% is calculated on the principal sum or on the total sum when other deductions, such as means assessment, have been deducted. [9651/15]

Joan Burton (Dublin West, Labour)
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A person who has been assessed with a social welfare overpayment has a liability to repay that money as they have been in receipt of money to which they were not entitled.

I introduced legislation in 2012 which allows for a deduction of an amount up to 15% of the weekly personal rate of social welfare payable to a customer for the purposes of the recovery of an overpayment without the customer’s consent.

The maximum deduction allowable without consent is 15% of the full personal rate normally payable to the person. If a person is receiving less than the full rate as a result of a means assessment, this is because they have another source of income.

When deductions are being considered, the person is provided with the opportunity to put forward any circumstances that they feel may be relevant to the rate of recovery proposed.

The deduction does not affect payment of any adult or child dependent allowances, or any other allowances that are in payment. Overall, it allows the person to retain at least 85% of their personal rate of payment.

In the circumstances where the person has been in receipt of money to which they were not entitled, this is considered to be reasonable.