Finian McGrath (Dublin North Central, Independent)
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106. To ask the Tánaiste and Minister for Social Protection the number of persons prosecuted for social welfare fraud in each of the years 2013 to date; and if she will make a statement on the matter. [43571/15]

Joan Burton (Dublin West, Labour)
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It is the Department's policy to consider for prosecution cases of fraud against the social welfare system. The Department ensures that all cases that merit prosecution are forwarded for consideration of legal proceedings and must ensure that all necessary evidential proofs are available.

In considering, or when referring, cases of social welfare fraud for legal proceedings the Department applies defined and recognised best practice standards. This includes the duration of the fraud, amount overpaid, and previous incidences of social welfare fraud.

In 2013, a total of 275 cases were referred for legal proceedings; of which 207 (198 criminal and 9 civil) were sent to the Chief State Solicitors Office/DPP and a further 68 cases were referred to the Garda for consideration of criminal proceedings to be taken under the Criminal Justice (Fraud and Theft) Act 2001.

The corresponding figures for 2014 were 321 cases, of which 206 (201 criminal and 5 civil) cases were sent directly to the Chief State Solicitors Office//DPP and 115 cases were referred to the Garda.

As at the end of October 2015, the Department had sent a total of 146 cases to the Chief State Solicitors Office//DPP. The number of cases referred to the Garda for prosecution under Criminal Justice legislation will be collated at the end of the year. The overall total for 2015 is expected to be similar to previous years.

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 and the relevant maximum penalties.