Written answers

Tuesday, 19 June 2018

Department of Employment Affairs and Social Protection

Social Welfare Overpayments

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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556. To ask the Minister for Employment Affairs and Social Protection the extent to which due process and natural justice remains paramount in the context of dealing with social welfare recipients whose cases come under review; and if she will make a statement on the matter. [26903/18]

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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563. To ask the Minister for Employment Affairs and Social Protection whether the manner in which investigations into overpayments are carried out will be reviewed to ensure strict adherence to due process and natural justice; and if she will make a statement on the matter. [26910/18]

Photo of Regina DohertyRegina Doherty (Meath East, Fine Gael)
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I propose to take Questions Nos. 556 and 563 together.

My Department is committed to ensuring that the principles of natural justice are followed in allclaim decisions. This applies equally to decisions at initial claim stage and when claims are subsequently reviewed. The Department’s guidelines on are published on the website -. This message is reinforced through guidelines, bulletins and staff training.

Overpayments of social welfare assistance and benefit payments arise as a consequence of decisions made under the relevant sections of the Social Welfare (Consolidation) Act, 2005.

As part of the process of finalising a decision and assessing an overpayment, the deciding officer or designated person (in the case of the administration of payments under the Supplementary Welfare Allowance provisions), is required to engage with the person concerned and offer them the opportunity to provide additional information in support of their claim. In addition, the customer may seek a review or may appeal any decision to the independent Social Welfare Appeals Office.

I am satisfied that the current processes meet the needs of members of the public and the administration of the social welfare system and I do not have any plans to change them.

If there is a particular case that the Deputy is concerned about, he should bring it to my attention and I will ask my officials to examine it.

I hope this clarifies the matter for the Deputy.

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