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.
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
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.
A lot of Social Protection overpayments are due to Departmental errors rather than fraud.
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.