Róisín Shortall (Dublin North West, Social Democrats)
Link to this: Individually | In context | Oireachtas source

268. To ask the Minister for Social Protection to set down the number of persons convicted of welfare fraud who have dependents and children; the way in which plans to reduce welfare payments for those convicted of fraud, as outlined by him on 9 May 2017, will affect such persons; his views on whether these measures will create unnecessary deprivation for dependents of those convicted of fraud for the sake of being punitive; and if he will make a statement on the matter. [22968/17]

Leo Varadkar (Dublin West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

Social welfare legislation provides that certain offences are to be dealt with by means of prosecution. The Department's policy is to consider for prosecution all cases of fraud and abuse of the social welfare system.

The decision to prosecute is based on the circumstances of the individual case and the nature of the alleged offence, as well as on an appraisal of the evidence available. Factors taken into account include the duration of the fraud/abuse, the size of the overpayment, any mitigating or aggravating circumstances involved and the deterrent effect a prosecution may have in the public mind.

In 2016, 188 cases were finalised in the district court for offences prosecuted under the Social Welfare (Consolidation) Act. At the time of their conviction 16 people were in receipt of a payment from the Department of Social Protection which included an increase for a dependant and/or a child or children.

The proposal contained in the Social Welfare and Pensions Bill 2017 provides that on conviction of an offence a person in receipt of a payment from the department of social protection will be subject to a reduced rate of up to 25% of their weekly social welfare payment.

The reduction will apply to the personal rate of payment only. No reductions will apply to adult dependent or child dependent allowances that are payable. The proposed legislation includes safeguards that a convicted person’s personal and family circumstance must be considered in determining the amount of any reduction to be applied.