Bernard Durkan (Kildare North, Fine Gael)
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341. To ask the Minister for Employment Affairs and Social Protection the steps she continues to take to ensure against the occurrence of overpayments that result in recovery and consequent hardship with particular reference to cases in which the overpayment was not as a result of an oversight or negligence on the part of the applicant; and if she will make a statement on the matter. [16019/19]

Regina Doherty (Meath East, Fine Gael)
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Overpayments of social welfare assistance and/or benefit payments arise as a consequence of decisions made under the relevant sections of the Social Welfare (Consolidation) Act, 2005 (as amended). 

Official or departmental error overpayments arise where a Deciding Officer has incorrectly applied legislation, or incorrectly calculated the rate payable, or failed to act on information received from a claimant that disqualifies or reduces the value of the claim. 

Recovery of any sum overpaid as a result of official or departmental error is assessed on a case specific basis.  In general, recovery will be sought where the customer is expected to have an awareness that the sum being paid is in excess of an entitlement.  

As part of the process of finalising a decision and assessing an overpayment, the Deciding Officer is required to engage with the person concerned to clarify any matters relevant to the determination of entitlements.   Any person dissatisfied with a decision on an entitlement may seek a review and can appeal any decision to the independent Social Welfare Appeals Office.  A customer may also seek to review the terms of any recovery arrangement(s) they have in place with the Department. 

I hope this clarifies the matter for the Deputy.