Statute of Limitations on Social Welfare Collecting Overpayments - boards.ie
Boards.ie uses cookies. By continuing to browse this site you are agreeing to our use of cookies. Click here to find out more x
Post Reply  
 
Thread Tools Search this Thread
14-10-2011, 14:40   #1
donutheadhomer
Registered User
 
donutheadhomer's Avatar
 
Join Date: Mar 2003
Location: Limerick
Posts: 1,445
Statute of Limitations on Social Welfare Collecting Overpayments

I overheard someone in cafe this morning saying that they recently made a claim for Sicial Welfare Benefits and that the SW are trying to recover an overpayment made to them from 9 or 10 years back.
Surely the onus is on SW to collect this promptly and 9/10 years is not really in line with Natural Justice. From what I overheard the sums involved are pretty small €200-€300.
Is there any Statute of Limitations to prevent them pursuing people indefinitely.
donutheadhomer is offline  
Advertisement
14-10-2011, 15:34   #2
Victor
Moderator
 
Victor's Avatar
 
Join Date: Dec 2000
Location: Dublin
Posts: 64,957
I would have thought 6 years, but depending on the amount, if it was large enough (not €200) they could be prosecuted with no statute of limitations.

What they may find is that because they received an overpayment back then, that any current payment is being withheld.
Victor is offline  
14-10-2011, 15:43   #3
donutheadhomer
Registered User
 
donutheadhomer's Avatar
 
Join Date: Mar 2003
Location: Limerick
Posts: 1,445
Quote:
Originally Posted by Victor View Post
I would have thought 6 years, but depending on the amount, if it was large enough (not €200) they could be prosecuted with no statute of limitations.

What they may find is that because they received an overpayment back then, that any current payment is being withheld.
What I was thinking is that any Statute would only apply to a prosection. There is nothing stoping Social Welfare from collecting/attempting to collect without recourse to the courts
donutheadhomer is offline  
14-10-2011, 15:58   #4
MagicSean
Closed Account
 
Join Date: Jun 2006
Posts: 9,719
Fraud and Theft are both indictable offences so there is no limit on prosecutions.
MagicSean is offline  
14-10-2011, 18:45   #5
dermot_sheehan
Closed Account
 
Join Date: Apr 2004
Posts: 2,031
Quote:
Originally Posted by MagicSean View Post
Fraud and Theft are both indictable offences so there is no limit on prosecutions.

Statute of limitations only applies to instigating proceedings and not to an offset which is a defence.

Deductions from current welfare entitlements is an offset.
dermot_sheehan is offline  
Advertisement
15-10-2011, 21:10   #6
Nolanger
Banned
 
Join Date: Aug 2007
Posts: 4,516
Quote:
Originally Posted by MagicSean View Post
Fraud and Theft are both indictable offences so there is no limit on prosecutions.
A lot of Social Protection overpayments are due to Departmental errors rather than fraud.
Nolanger is offline  
15-10-2011, 21:15   #7
Kristopherus
Registered User
 
Join Date: Jan 2007
Posts: 7,360
Was there not a change in one of the recent Budgets (06,07,08) so that Revenue & other statutory payment bodies could investigate & claim any arrears/overpayments by going back a max of 10years?
Kristopherus is offline  
16-10-2011, 19:31   #8
Our man in Havana
Closed Account
 
Join Date: Nov 2001
Posts: 28,890
Quote:
Originally Posted by Kristopherus View Post
Was there not a change in one of the recent Budgets (06,07,08) so that Revenue & other statutory payment bodies could investigate & claim any arrears/overpayments by going back a max of 10years?
No. There are no time limits on Revenue or SW chasing money.
Our man in Havana is offline  
Post Reply

Quick Reply
Message:
Remove Text Formatting
Bold
Italic
Underline

Insert Image
Wrap [QUOTE] tags around selected text
 
Decrease Size
Increase Size
Please sign up or log in to join the discussion

Thread Tools Search this Thread
Search this Thread:

Advanced Search



Share Tweet