Bernard Durkan (Kildare North, Fine Gael)
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44. To ask the Minister for Social Protection if he will review the circumstances in which persons are deemed to have inadvertently received a payment to which they may not have an entitlement and that subsequently have to repay sums, including lump sums, to an extent that may exacerbate their vulnerability especially those dependent on rent support derived from being on local authority housing lists and that may find themselves homeless; if his Department has the technology to be able to identify potential overpayments at an earlier stage thereby eliminating hardship to vulnerable families; and if he will make a statement on the matter. [25970/17]

Leo Varadkar (Dublin West, Fine Gael)
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Overpayments of entitlement are a feature of all social protection and assistance systems. This reflects the dynamic nature of the changing eligibility and entitlements of persons in receipt of payments. Significant information system developments, including the sharing of information between agencies, have been implemented in recent years to enhance the timeliness and quality of information available to officials.

Overpayments of benefit and assistance payments can arise as a result of fraud, errors by the claimant, errors by staff and during the settlement of a claimant’s estate following their death.

In all circumstances where an overpayment is assessed by my Department, the person concerned is afforded an opportunity to seek to have the underlying decision reviewed and independently assessed by the Social Welfare Appeals Office by way of appeal.

Where recovery of an overpayment is being sought or pursued, my Department engages with the person concerned and takes into account his/her circumstances. An agreed repayment plan can be put in place that will ensure that the risk of financial hardship is lessened. As the Deputy will appreciate, it is very much in the person’s interest that they engage with my officials to manage the repayment arrangements.

Most overpayments are recovered by way of instalments paid over a period of years. While lump sums can be paid, this would only arise where a person offered to do so. It is not the Department’s intention to make deductions that are likely to visit hardship. Even where a person does not co-operate, the level of payment cannot go below 85% of the person rate of payment with no impact on any increases for dependant adults or children.

My Department has a duty not to pay any person beyond their lawful entitlement and, in this context, my officials are required to protect public funds. Insofar as is possible, they must ensure that any sums paid in excess of a legal entitlement are returned to my Department.

I hope this clarifies the matter for the Deputy.