John Brady (Wicklow, Sinn Fein)
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271. To ask the Minister for Social Protection the process in place once fraud is reported to her Department in determining if it is a case of fraud; the estimated timeframe for this process; and if she will make a statement on the matter. [30538/17]

Regina Doherty (Meath East, Fine Gael)
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The majority of people who are supported by the social welfare system claim and receive their legitimate entitlement. Following referral of any report of concern that fraud or wrongful claiming may have occurred, an investigation is undertaken. A determination of fraud can only be made after a detailed investigation by a social welfare inspector and the making of a revised decision under the Social Welfare (Consolidation) Act 2005 by a deciding officer. The decision is communicated to the person concerned, including the value of any overpayment assessed, and that person is also advised of their right of appeal to the Social Welfare Appeal Office if they dispute the outcome.

Decisions of this nature follow an investigation and where is has been determined to the satisfaction of a deciding officer that the person concerned made false or misleading statements in a material respect or wilfully concealed material facts that impacted on their eligibility for an entitlement or the rate of payment due to them.

It is difficult to give precise time scales for the conduct of investigations as they relate to the complexity of each particular case, the co-operation, or lack thereof, of the person concerned and the time taken to access evidence and other information. Following a decision by a deciding officer, the person concerned has up to 21 days to make an appeal. Appeals can take several months to conclude and may include oral hearings to resolved disputed evidence or other matters.

I hope this clarifies the matter for the Deputy.