Bernard Durkan (Kildare North, Fine Gael)
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72. To ask the Tánaiste and Minister for Social Protection if there was an entitlement to family income supplement in the period during which a person (details supplied) in County Dublin received an overpayment of jobseeker's allowance when his spouse obtained employment and was in receipt of €350 per two-week period, thereby incurring an overpayment of €6,316.67 in the case of this person; and if she will make a statement on the matter. [38789/15]

Joan Burton (Dublin West, Labour)
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The Family income supplement (FIS) is designed to provide support for employees on low earnings with families.

The person concerned has no current application for FIS and is not currently in receipt of a FIS payment.

The person concerned was assessed with a Jobseeker’s Allowance overpayment for the period 11 March 2011 to 25 June 2013, following a revised decision of his entitlement. The revised decision was made on the grounds that his wife had been working and her income hadn’t been declared and assessed. The decision was made under section 302(a) of the Social Welfare Consolidation Act 2005.

When considering if another possible Social Welfare entitlement (such as FIS) can be offset against this overpayment reference must be made to section 342(a) of the Social Welfare Consolidated Act 2005 (as inserted by Section 18 of the SW and Pensions Act 2011).

This section provides that the offsetting against a debt of other potential social welfare entitlements, during the period in which an overpayment occurred, will not be allowed in cases where the underlying revised decision was made under section 302(a) of the Social Welfare Consolidation Act 2005.

Consequently, in accordance with the legislation, the overpayment concerned cannot be reduced by any possible FIS entitlement during the period involved.