PEOPLE WHO HAVE been overpaid social welfare may find themselves being forced into destitution because of changes to the Social Welfare Bill today, the Free Legal Advice Centre has warned.

It had called on the Dáil to discuss the issue during the debate on the Social Welfare Bill today, as a number of TDs had suggested an amendment to it. But the bill passed without it being discussed.

Increased powers

The changes introduce increased powers of recovering overpayments. Before the changes, as primary payments are set at a maximum rate of €188 a week, the Department could only recover €2 a week as this would reduce a person’s payment to €186, the minimum income threshold. But under the bill, the Department can recover up to 15 per cent (up to €28) of a person’s weekly payment without his or her written consent.

In cases where a person gives written consent, the Department could deduct a higher amount. This means that the changes have the potential to force people into destitution, said the FLAC, as they could potentially receive below the basic minimum income threshold set by the State.

The FLAC said that there are not necessary safeguards in place, and they are concerned that people don’t appeal or query such decisions and will not seek advice. It said that as it risks driving people below the minimum essential level of income, it is incompatible with fundamental human rights and should be deleted.

Saoirse Brady of the FLAC told TheJournal.ie that Deputies Aengus Ó Snodaigh, Willie O’Dea and Joan Collins had wanted to discuss the amendment, but were unable to.

“There are other ways in which overpayments can be made,” she said of the system.

Another concern FLAC has is it doesn’t see any guarantee that current recovery of overpayment won’t be reviewed, said Brady. While FLAC agrees people should repay what they owe, Brady said the bill doesn’t seem to be distinguishing between people who were fraudulently overpaid money, people who were accidentally overpaid by the department, or people for whom it was an innocent mistake on their part.

“We don’t know how it will play out in reality,” she said. FLAC is also concerned that people who may owe the department already may not know that this is happening.

FLAC is hopeful however that the bill will be discussed before it is enacted next year, to give another opportunity to discuss the issues surrounding it.

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