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Dublin: 6 °C Thursday 23 May, 2013

Oireachtas agenda: Dáil to debate social welfare ‘amnesty’

Sinn Féin wants to make it legally possible for someone to declare a welfare overpayment without penalty.

Aengus Ó Snodaigh has tabled legislation allowing a 'social welfare amnesty' where people can admit an overpayment without penalty.
Aengus Ó Snodaigh has tabled legislation allowing a 'social welfare amnesty' where people can admit an overpayment without penalty.
Image: Sasko Lazarov/Photocall Ireland

WHAT ARE OUR politicians doing in the halls of Leinster House?

TheJournal.ie lets you know with our guide to what’s coming up to the Dáil and various Oireachtas committees today.

Today’s the first Friday of the parliamentary month – and that means the day is devoted to discussing two pieces of legislation submitted by government backbenchers or by members of the opposition parties.

Because there was no chance to debate any opposition legislation in December (with the first week of the month also being Budget week) there are two opposition pieces being discussed today.

At 10:30am, the first is the Social Welfare (Amnesty) Bill 2012, tabled by Sinn Féin’s social protection spokesman Aengus Ó Snodaigh. This legislation aims to encourage people who may have been beneficiaries of a welfare overpayment to come forward and declare it.

Anyone who has received an irregular payment – presumbly through no fault of their own – would be able to have that payment corrected without any sanction or penalisation that could result in a repayment bigger than the amount they incorrectly got.

The second bill, debated at 1:30pm, is the Education (Resource Allocation) Bill 2012 from Fianna Fáil’s Charlie McConalogue. That bill echoes the contents of the party’s defeated motion yesterday, and would require the Minister for Education to publish an annual study detailing the impact that any educational cutbacks will have.

This would specifically include details of the names of schools affected, and an explicit statement of the impact that each change might have on a named school.

The proposals would also set up an appeals mechanism where a school principal is entitled to appeal a decision to cut resources.

If the government opposes either Bill, it will demand a vote at the conclusion of second stage (at 1:30pm in the first case and at 4:30pm in the second case). In either case, however, a vote won’t actually take place until Tuesday afternoon.

Explainer: How does a Bill become a law?

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Comments (29 Comments)

  • I thought I had received an overpayment once. Went in to the social welfare office and had a brief five minute chat. Turns out I had been paid early and would not receive payment the following week, so there wasn’t an issue. The people in the office were all sunshine and glitter though. It had never occurred to me that there might be legal ramifications from an overpayment. Eep!

    Reply
  • Why an amnesty, lets them hand it back or worry about getting caught…..

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    • that is the purpose of the proposed legislation. If you hand it back and it is a genuine mistake you can still be punished. No one benefits from that, neither the state or the recipient. As for investigating every claim/refund etc then that would cost a lot more than would be saved.

      Amnesties and not paying back money are usually confined to sums that run in to the hundreds of thousands or millions in this state.

      Reply
  • Could they set up a reward system for people who grass up fraudsters?

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  • maybe there should just be an amnesty for genuine mistakes as opposed to people who have been deliberately fraudulent.

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  • This is a load of BS. An amnesty no less. So if someone goes to the taxman and tells them they owe VAT do they get an amnesty for being honest.

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  • We could have an amnesty for TD’s who come clean on the over consumption of print cartridges for example.

    This is the dumbest piece of publicity seeking yet. Nobody gets any kind of penalty for informing social welfare of an accidental or erroneous over payment.

    Reply
    • Ahh, the bauld Wolfe Toner.

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    • Not so Ben, only this week my husband was telling me of a friend of ours who lost her job late last year, before Christmas she was given an over payment which she tried to return with a visit to the local SW Office, and she was given a fob off and told to lodge the cheque & that in time it would be sorted if there was a problem. She made a second visit and was told similar, then her most recent trip this week she got an awful reception when she arrived down again to follow up on it and has been told she has been flagged as a fraudulent claimant which is impacting her rightfully due payments. She was clever enough to have the first official she dealt with sign the reverse of the cheque with a note that she’d attempted to return it, so she isn’t taking it lying down but apparently there is little they can do at the local office and her case is being referred to a central dept to try sort it out.

      She’s done nothing wrong, in fact she has been honest and seeking rectification from day one, and is now mired in a mess of their making.

      Reply
    • Karen, your friend suffered from maladministration which has nothing to do with the law. She was the victim of typical public sector employees who are not interested in dealing with any problem outside the norm and cannot be bothered to get off their backsides to help their customers. It is not the law that needs changing here. If Snoddy wants to help on issues like this he would be far better off in getting rid of this jobs for life practice in the public sector and fire lazy, rude and incompentent public servants.

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    • Ben Gunn, that’s a pretty all-encompassing, misinformed, and downright silly generalisation of public servants, and is an insult to the public servants who do a sterling job on behalf of the State and its citizens every day. Care to back up your claims with some statistics?

      Reply
    • Not to mention that we rarely hear directly about these cases it’s always 2nd or 3rd hand (in this case husband telling of a friend). Chinese whispers, stories get distorted as they’re retold, maybe the cheque wasn’t made out properly, maybe there is a process around lodging cheques that she should have followed, or maybe it happened exactly as reported, but making sweeping generalisations about the people who keep your country running isn’t helpful or fair.

      Reply
    • Ben Gunn 18/01/13 #

      Ruairi, (Sorry about the missing fada) Stats are pointless because they measure themselves. In all my years dealing with the public service I ave met with a total lack of commitment to serving the customer.

      Have you ever sat in a waiting area at a council office, hospital (non emergency) taxation office, or any government department, and watched how the staff spend there time? No, just try it. You’ll be amazed at how you tax euros are spent.

      The lack of interest starts with the incomprehensible telephone filtering systems, then the inclination to pass you on to “somebody who might help”, then the promise to call back but ever happens. The standard ” it will take 7 to 10 days” which usually means at least a month if you lucky.

      There is, in my experience, one major exception, the Revenue Service, every thing on the button, sorted immediately and in the post now…….wonder why?

      Reply
  • Amnesty, please if you knowingly and willing defraud the state then it’s gaol time my friend

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    • I’d agree but have we not had 2 amnesties for those who under declared tax? There was no goal time for those people……..

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    • There has been gaol time for tax dodgers, the garlic man for instance.

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    • “If you knowingly and willingly defraud the state then it is gaol time my friend”.

      You should do that comedy line at a FF ard fheis. You’ll raise the roof with laughter.

      As Kerry says amnesties are not new and they certainly were for a lot more people and a hell of a lot more money than this.

      Reply
    • Kilmainham Gaol? Or Newgate Gaol? Surely a trip to Tyburn Tree in the back of a cart is more appropriate for these brigands?

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    • The problem with that of course is that it costs more than a weeks dole to put a fraudster away for one night! 6 months in prison is the same as paying dole for 3-4 years!
      People are desperate when they see the dog eat dog country we live in today and so they will do whatever it takes to pay the bills. Of course lets be honest here we all have a family member or a cousin or a friend who is doing a few nixers on the side and whole it is dead wrong and not to be condoned who among us would report them? Not me . A better solution would be to get something back by having them do community service or whatever but locking people up is both counter productive and bloody expensive ! I pay tax and I don’t want my tax dollars wasted on this.

      Reply
  • Currently, the penalty for a social welfare overpayment is to hav eone’s social welfare docked by €5 per week until it’s paid back…
    Most ridiculous piece of publicity-seeking, base-pandering, legislation from O’Snodaigh (& I’m desperately resist the urge to bring up the ink cartridges… Woops…!)

    Reply
  • Course SF would be suggesting this-given some of their policies, welfare recipients are something of a key demographic for them.

    They’d promise to double the dole, if they thought they’d get a few seats out of it.

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  • Amnesty.. nonsense. This isn’t the way it should be, rewarding criminals.remember that every euro they get is a euro out of the system, and more out of your pocket

    Will never agree with this. Lax laws make way for more of these parasites.

    Reply
  • An amnesty is fine if the overpayment was not a result of any type of fraud or deliberate lying….an error by welfare.
    The only way to overturn a DES decision on resource is for some parent to once more take the gov to court for failure to provide ed as guaranteed by the constitution. An appeals system will be useless…more paperwork for stressed out school principals.

    Reply
  • Belly Up 18/01/13 #

    I’m sure there are plenty of SFers who would benefit from any such amnesty

    Reply

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