#1

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.

Victor Registered User
#2

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.

#3

Victor said:
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

#4

Fraud and Theft are both indictable offences so there is no limit on prosecutions.

#5

MagicSean said:
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.

Nolanger Banned
#6

MagicSean said:
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.

Kristopherus Registered User
#7

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?

#8

Kristopherus said:
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.

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