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Overpaid in social welfare payments? The government will seek you out

Guides have been launched to help people understand their rights when the department comes knocking for their money back.

IF THE DEPARTMENT of Social Protection make a mistake and overpay social welfare payments to a person, it can seek to recoup the monies immediately.

The Free Legal Advice Centre (FLAC) said claims made by the Department of Social Protection for return of the money can cause a huge amount of stress and worry for people.

FLAC and Community Law and Mediation have launched two guides aimed at helping people to understand their rights when a claim is made about overpaid money.

Incorrect payments

The two groups stress that the state must be able to recover money which has been unlawfully or incorrectly paid out.

However, they are concerned that people – many of whom are on low incomes or are reliant on social welfare – are being hit with sizeable claims that could leave them at risk of deprivation or even destitution.

Where they claim an overpayment, the Department of Social Protection can deduct up to 15% of a person’s net weekly earnings without their consent and, if the person involved consents, they can deduct more.

Overpayments 

Last year the Department of Social Protection reviewed about one million social welfare claims, recovering €83 million in overpayments.

These overpayments are from either social welfare fraud or by errors made by the department.

Overpayments of social welfare has been an ongoing issue for many years for the government.

More than €90 million was overpaid in social welfare payments in 2011 – almost €40 million more than in 2007.

The overpayments were:

  • 2007: €50.52 million, with the highest overpayment of €10.40 million in Jobseekers’ Allowance
  • 2008: €55.58 million with the highest overpayment of €8.91 million in Jobseekers’ Allowance
  • 2009: €66.81 million with the highest overpayment of €11.70 million in State Pension non-contributory
  • 2010: €83.42 million, with the highest overpayment of €12.09 million in State pension non-contributory, with Jobseeker’s Allowance a close second at €12.01 million
  • 2011: €92.35 million, with the highest overpayment of €16.61 million in Jobseekers’ Allowance

Give the cash back 

When the error is detected the department is within its rights to look for all the money to be repaid, regardless of whose mistake it was in the first instance.

Jane O’Sullivan, Acting Managing Solicitor with Community Law and Mediation said:

Some of the claims for overpayment go back years. Some of them arise from mistakes made by the Department or by the claimant.While some people may understand immediately while the claim is being made against them, many more are distraught when an unexpected bill comes in with immediate demands for repayment.

For more information on the guide visit the FLAC website here

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29 Comments
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    Mute Ciarán Mc Mahon
    Favourite Ciarán Mc Mahon
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    Mar 14th 2012, 11:23 AM

    Awaiting Shinnerbot response…. something about re-unification etc.

    25
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    Mute Páid Ó Donnchú
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    Mar 14th 2012, 11:30 AM

    You’d know all about autobot responses.

    19
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    Mute Ciarán Mc Mahon
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    Mar 14th 2012, 11:46 AM

    Bingo!

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    Mute Réada Quinn
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    Mar 14th 2012, 11:56 AM

    I’m not a Shinnerbot, whatever bottoms have to do with being a Shinner I don’t know, but I think on an island this small 1 railway company is ample. Also while you’re on the subject I’d love a United Ireland. So bingo to you Ciarán. ;)

    23
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    Mute Dermot Mc Loughlin
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    Mar 14th 2012, 12:19 PM

    Shinnerbot?
    Aye whatever, but just to entertain you you here’s a map of the current rail network, as you can see the entire border region with the exception of louth is sans rail services, this is most likely a result of partition and lazy Irish government.
    Cross border rail my eye.

    http://www.myguideireland.com/images/stories/Ireland/train_routes.jpg

    11
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    Mute Rommel Burke
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    Mar 14th 2012, 12:55 PM

    I’d say it’s Thomas the tank engine you’re looking for there Ciarán lol. One the subject of trains I’d love to see a service into West Cork.

    12
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    Mute Mark Dolan
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    Mar 14th 2012, 11:27 AM

    Could this be an opportunity to re-open the Western Rail Corridor, from Cork to Derry? Lets hope so!

    15
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    Mute @aidoroch
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    Mar 14th 2012, 11:59 AM

    west on track has been pushing the sligo-galway-limerick re-opening for years and struggling to get help from the government. the track is already there and there is demand for a western rail corridor re-opening but so far only part of it is operational.
    http://www.westontrack.com/

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    Mute Noel Kelly
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    Mar 14th 2012, 1:05 PM

    Definitely something needs to be done. When a ticket bought in Northern Ireland is about half the price for the same ticket bought in Dublin, there has to be something wrong with the way that the service is run

    12
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    Mute Steve Jackman
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    Mar 19th 2012, 4:04 AM

    Was on the NIR website and there is no difference in ticket prices between Dublin and Belfast.

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    Mute Ollie Pinion
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    Mar 14th 2012, 11:51 AM

    Im sure the CIE unions will have something to say about that! track usage training fees or efficiency increase compo or something of that ilk !

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    Mute Figo murphy
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    Mar 14th 2012, 1:09 PM

    Is there not a train running from up north down into Ireland?

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    Mute jimbo
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    Mar 14th 2012, 1:04 PM

    Shut up varadkar

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    Mute Robert Delahunty
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    Mar 14th 2012, 9:07 PM

    As far as I’m concerned anything that integrates the ROI further into the 6 Co’s is a good thing regardless of financial or other considerations. Its only a small thing but it will make the inevitable reunification run all the smoother. The more of these initiatives that link us with the North the better. Inch by Inch we can convince the unionists that it makes more sense to be 1 united country as is only right & proper. The more we integrate with the 6 Co’s the harder it will make for the unionists to resist reunification. After all “Money talks & Bullshit walk”

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