Ruth Coppinger (Dublin West, Socialist Party)
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59. To ask the Minister for Social Protection if she will report on any possible remedy to the case of a person (details supplied) in Dublin 15, where there is a reduction in pension payments to pay back previous overpayments. [26597/15]

Joan Burton (Dublin West, Labour)
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Effective debt recovery is a key aspect of the Department’s control policy and an integral part of the deterrent approach to social welfare fraud. Most claimants of social welfare schemes, where required, fully declare their income and assets and do not receive more than their due entitlements. Where a claimant fails to fully declare their means, they may receive a payment, or a rate of payment, to which they are not entitled which can result in an overpayment being assessed against them.

While it is the Department’s aim to prevent overpayments, where they occur they are a debt to the Exchequer, and every effort is made to recover the full amount due. Accordingly, a repayment settlement of less than the overpayment amount cannot be considered in the case of the person concerned.

Social welfare legislation provides for deductions of up to fifteen per cent of a person’s personal rate of social welfare payment to be taken towards the recovery of an overpayment, without the debtor’s consent. This measure has been applied in the case of the person concerned. If the person concerned is experiencing financial hardship as a result of the deductions applied, it is open to them to seek to have the rate of debt recovery reviewed on financial hardship grounds. A Recovery Officer will require detailed statements of all income sources for the past three months, details of all accounts held in any financial institution(s), together with any other relevant documentation or information in order to consider whether or not a case of financial hardship can be made. If the person concerned wishes to request such a review, they should submit their supporting documentation directly to Debt Management Unit, Department of Social Protection, College Road, Sligo.

It is noted that the person concerned is in receipt of a reduced rate state pension (contributory) based on their social insurance record. It is open to the person concerned to make an application for state pension (non-contributory), which is subject to a household means-test and may yield a higher weekly rate of payment. An application form for state pension (non-contributory) has been issued to the person concerned.