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COMMITTEE OF PUBLIC ACCOUNTS

Chapter 24 - The Collection and Allocation of PRSI Receipts

Summary

The committee examined the collection and allocation of PRSI receipts, especially how revenues are split between the Social Insurance Fund and the National Training Fund. The Department said PRSI income has risen mainly because of strong employment growth, and it accepted the Comptroller and Auditor General’s recommendation to improve Revenue data timeliness, allocation methods and the memorandum of understanding, with a subgroup now set up to progress this. The Secretary General argued the National Training Fund receipts should ideally go directly from Revenue to the fund, but said that would require legislation and complex IT changes, with only limited overall fiscal benefit.

John Brady An Cathaoirleach Sinn Féin

We will engage with the Department of Social Protection to examine its 2024 appropriation accounts. I welcome Mr. John McKeon, Secretary General, Ms Teresa Leonard, deputy secretary general, Mr. Niall Egan, assistant secretary general and Ms Deirdre Shanley, assistant secretary general. We are also joined by witnesses attending in a representative capacity from the Department of public expenditure and reform, Mr. Robert Scott, principal officer, and Ms Niamh Ní Shúilleabháin, assistant principal officer. From the Office of the Revenue Commissioners, we are joined by Mr. James Twohig, assistant secretary general of the personal division, and Ms Leeann Kennedy, principal officer. We are joined by officials from the Office of the Comptroller and Auditor General, including the Comptroller and Auditor General, Mr. Seamus McCarthy, who is a permanent witness to the committee, and Mr. Ronan McCabe, audit manager. They are all very welcome.

Before we begin, I wish to explain some limitations to parliamentary privilege and the practice of the Houses regarding reference witnesses may make to other persons in their evidence. The evidence of witnesses physically present or who give evidence from within the parliamentary precincts is protected pursuant to both the Constitution and statute by absolute privilege. This means that they have an absolute defence against any defamation action for anything they may say at the meeting. However, they are expected not to abuse this privilege and it is my duty as Cathaoirleach to ensure that this privilege is not abused. Therefore, if their statements are potentially defamatory in relation to an identifiable person or entity, they will be directed to discontinue their remarks and it is imperative that they comply with any such direction. Witnesses are reminded of the long-standing parliamentary practice that they should not criticise or make charges against any person or entity by name or in such a way as to make him, her or it identifiable, or otherwise engage in speech that might be regarded as damaging to the good name of the person or entity.

Comment on this
Mr. Seamus McCarthy

As members are aware, the Department of Social Protection plays a key national role in the distribution of income to assure social cohesion and improve the equity of economic outcomes, and in ensuring the efficient operation of the supply side of the labour market. To these ends, the Department operates a wide range of income support, welfare and labour activation schemes. Expenditure on the Department schemes is divided between two accounts, the appropriation account for Vote 37 and the account of the Social Insurance Fund. The Vote account is funded mainly through direct Exchequer issues while the Social Insurance Fund is financed mainly from pay-related social insurance contributions paid by workers and their employers. Transactions between the two accounts are numerous and complex.

A useful appendix to the appropriation account aggregates the Department’s scheme expenditure by broad categories, such as pensions, support during illness or disability, or support for those of working age. The appendix indicates that the Department’s overall expenditure on scheme payments in 2024 totalled nearly €26.2 billion. This represents an increase of 8.4% from the €24.2 billion expended on schemes in 2023. Within the total, spending on State pensions was up 10% year-on-year, reflecting both payment rate increases and strong demographic impacts.

The Department’s expenditure on administration costs is distributed between the Vote and fund accounts and totalled a net €731 million in 2024. This included pay costs of €371 million and payments for agency services totalling €153 million. In addition, the Department avails of a network of premises provided and paid for by the OPW and has its headquarters in a Dublin building owned by the Social Insurance Fund. Pension payments to former staff of the Department are paid separately from Vote 12 - Superannuation. Members may wish to note that the Social Insurance Fund comprises both a current account and an investment account. The investment account, which is managed by the Minister for Finance, holds the fund's reserves accumulated from annual surpluses. At the end of 2024, these reserves amounted to €8.8 billion. This was up from reserves of €5.2 billion held at the end of 2023.

As part of my remit, I am required to report to Dáil Éireann any case where my audit has identified public expenditure which is used to a material extent for a purpose other than that for which it is provided. This is generally referred to as irregular expenditure. By that definition, any payments that are in excess of claimants' entitlements under the terms of statutory welfare schemes are considered irregular. Such excess payments can arise due to suspected fraud, a failure on the part of claimants to disclose to the Department relevant facts or evidence, or errors made by the Department staff. I drew attention in my report on both the Vote and fund accounts to the likelihood that there is a material level of irregular payment on welfare schemes. This is a concern which arises each year and the basis of the concern is explained in chapter 16 of my 2024 report.

Because of the scale of the Department's scheme expenditure, even a small level of irregular payment represents a significant loss to taxpayers. For this reason, my office carries out a cyclical programme of examinations of the Department's controls and systems, typically resulting in three to four reports each year for the committee's review. These examinations may focus on the processes and controls associated with individual welfare schemes, or more broadly on the Department's key operational functions such as PRSI income collection, means-testing of scheme applicants, or identification and recovery of welfare overpayment debts. In general, our objective is to gain assurance that schemes are operating as intended, and with minimum achievable losses due to irregular payments.

Where appropriate, we aim in our reports to recommend potential practical ways to minimise the incidence of losses, or to improve the efficiency of the Department's systems, including through effective utilisation of claimant information collected by the Department or taxpayer information collected by the Revenue Commissioners to which the Department has access. I am happy to say that the Department is generally open to considering the recommendations we make and to their prompt implementation.

The committee has received briefing on the six reports listed for today’s meeting. In the interests of economy with the committee's time, I do not propose to itemise the findings of those reports here. I am happy to expand on any points for the committee as required. I might point out that I also published a report last September dealing with the important issue of classification of workers for PRSI payment purposes. I note the committee's intention to examine that report at a future meeting. Finally, the committee may wish to note that I drew attention in my report on the Vote account to the Accounting Officer's disclosure in the statement on internal financial control of a material level of non-compliance with procurement rules.

Comment on this
Mr. John McKeon

I thank the committee for inviting us to discuss the matters referred to by the Comptroller and Auditor General. I am joined, as the Cathaoirleach said, by Ms Teresa Leonard, Mr. Niall Egan, Ms Deirdre Shanley and Ms Philomena McShane, the Department's chief accountant. I may, with the Chair's permission, rely on them for assistance in answering some questions that come up. I arranged for an advance copy of this statement together with briefing material on the Department to be circulated and I hope the committee found that useful.

I am aware that for most members of the committee, this is the first occasion on which they will have reviewed the accounts of the Department. If I may, with the permission of the Chair, I would like to start by repeating some remarks made about the Department's work at previous meetings. I spoke at those meetings about the role of social welfare in compensating for and mitigating the impact of failures in the market economy. It is the mechanism through which the gains from economic activity can be shared with people who do not have capital or who cannot, for whatever reason, supply or earn enough from their labour to participate fully in that market economy. It is also the main mechanism through which the value of non-market activity, such as caring and homemaking, can be recognised and remunerated. In doing this, I emphasised that expenditure on social protection should not be seen solely in terms of a cost but rather as an investment and set out our view that social protection has cohesion, investment and expenditure effects that are critical to economic growth and societal well-being. It is important therefore to see social protection not just in terms of its primary purpose of protecting the most vulnerable in society but in terms of its secondary effect of improving outcomes for all of us, including those who see themselves primarily as contributors rather than beneficiaries.

We are all beneficiaries. Unfortunately, this is not an understanding that is evident in some public commentary and analysis, but it is a view that is increasingly being supported by data and research.

I also spoke about how our staff are acutely aware, through their everyday interactions, of the impact of their work on the lives of individual citizens. I emphasised that while some people baulk at the use of the term "customer", we use it because it transfers agency to the people we serve, reminds us that we are a service organisation, and reinforces our commitment to always treat the people we serve with dignity and respect.

We are responsible not only for the provision of policy advice and the delivery of the traditional range of cradle-to-grave welfare services but also for employment services, general registry services, citizens information and advice services, pensions supervision, and, newly, with the launch of MyFutureFund auto-enrolment, for the provision of occupational pensions. We also provide a range of services, on an agency basis, for other Departments, including the operation of the redundancy and insolvency payments scheme, the operation of the accommodation recognition payment scheme, the payment of daily expense allowances, and the operation of the Magdalen laundries scheme. We also provide a range of IT access and services to many other public bodies, most notably through the operation of the MyGovID system. To put all of this in context, during the next three hours or so the staff of the Department will host about 500 employment service meetings, process over 10,500 claims, make over 160,000 payments, answer about 10,000 phone calls, complete just under 2,000 control reviews and spend about €55 million of taxpayers' money.

In monetary terms, the expenditure of the Department equates to about 28% of Government current expenditure in 2025. In staff terms, the Department employs about 15% of all staff in the Civil Service. Most notably, if a single statistic can encapsulate its impact, it is that the schemes and services delivered by the Department reduce the risk of poverty or exclusion by some 51% compared with that which would otherwise pertain. That is an impact that places Ireland among the Benelux and Nordic group of countries.

In delivering on this brief the staff of the Department strive to always deliver an effective, courteous and efficient service. However, we are not perfect. We do make mistakes and it is inevitable, given our breadth and scale, that failures will occur. I am pleased, however, but not complacent, that our efforts are reflected in strong customer feedback with high levels of satisfaction consistently reported in independent tracking research. Our efforts are also reflected in the low level of appeals, in the accreditation for service quality excellence by the International Social Security Association, in the award of Quality and Qualifications Ireland, QQI, certification, and in the recent recognition as the JAM card partner of the year award for neurodiversity-aware service delivery, and in the positive feedback we routinely receive from the Ombudsman's office. This is not to diminish the cases where we have failed or could do better. We have to recognise and learn from these cases. That is why the work of this committee and the Comptroller and Auditor General are so important to us.

I shall now turn to the matters under examination and scrutiny today. On the accounts, as the Comptroller has already said, our payments fall into two categories: those which are based on social insurance contributions and those which are mainly means-assessed welfare payments, which are paid for via the Exchequer. or example, a person who suffers from a long-term illness or disability can. If he or she has enough social insurance contributions avail of an invalidity pension payment from that fund. If he or she does not have enough contributions, he or she can apply for the means-tested disability allowance from the Vote.

The committee will note that the 2024 accounts show total expenditure on Vote services of about €13.35 billion. This represents an increase of 6.9%, or €860 million, compared with 2023. Expenditure on fund services accounted for €13.45 billion, which is an increase of €1.15 billion or 9% compared with 2023. Looking across both, the total increase in gross expenditure was about €2 billion and this, in part, reflects the supplementary provision for one-off and bonus payments of about €1.7 billion during 2024. Leaving aside the impact of these payments, a key driver of the trend of increases is the demographic effect. Pension expenditure increased by just over €1 billion year-on-year, or 10%. Similarly, illness and invalidity payments increased by €508 million, or 9%. By contrast, other payments increased by about 6%.

As previously discussed at this committee, these demographic trends are likely to continue, with significant implications for expenditure and funding of the social welfare system. The most recent actuarial review of the fund, for example, indicates that social insurance contribution rates would need to double, from 2024, in order to maintain the fund in balance over the next 30 to 50 years. Stated another way, pension payments in 2024 were equivalent to about 22% of all tax and PRSI receipts. Over the next 30 years or so this is likely to increase to between 40% and 50%. In response to these trends, the Government has agreed and is implementing a series of PRSI rate increases. Between 2024 and 2028, all PRSI rates will increase by 0.7 percentage points. A new actuarial review is due in 2027 and will inform future policy changes.

Chapter 16 of the Comptroller's report is concerned with control over welfare payments. One of the challenges faced by the Department is to strike a balance between, on the one hand, designing and managing large-scale service processes that are reliable, efficient and effective for the overwhelming majority of customers and, on the other, implementing controls and checks to assure payment integrity. However, we are mindful in doing this that our primary purpose is to support people who need support and we cannot pursue the elimination of error, or fraud, at the cost of unreasonably denying entitlement to service or frustrating access to that entitlement. Looking at the report, I believe the key figure 16.1 summarises the level of excess payments due to error or fraud. Similar figures were included in previous reports. The key takeaway from these data is that although the level of excess payments varies by scheme, the overall level of excess payment across the schemes surveyed in the past ten years is estimated at about 3.25%. The Department's own analysis of a wider range of schemes, which were surveyed in the last 12 years, indicates that the level of overpayment is between 2.5% and 3.1%. While it is material, this level of excess payment is similar to that measured in peer organisations. For example, the Department for Work and Pensions in the UK has an excess payment rate of about 3.3%. When compared with commercial organisations, this level of excess payment is also similar to what is seen in terms of the rates of bad debt and shrinkage in commercial industry. The Comptroller does not make any specific recommendations in his report. However, we do take note of his observations, for example with regard to the use of data analytics. That reflects the fact that overpayment rates are reducing, particularly for jobseeker schemes.

Chapter 18 of the 2024 report sets out the approach to managing the redundancy and insolvency payments scheme. This is a scheme the Department operates on behalf of the Department of Enterprise, Tourism and Employment. In essence, employees of firms that become insolvent and are certified by a registered auditor as being unable to fund redundancy payments are entitled to receive their statutory redundancy and other entitlements from the fund. When this occurs, the Department raises a corresponding debt on the employer concerned and becomes a preferential creditor. In other cases, employers may be able to continue to trade, in which case the practice is to agree and put a repayment plan in place. Where there is no record of a liquidation event, employers not engaged in a repayment plan are targeted. We note and agree with the Comptroller's recommendation that the targeted review process should be placed on a formal footing.

Chapter 14 of the report concerns the winding down of the job initiative scheme. This was a scheme that was closed to new participants in 2004 having been set up by FÁS in 1996. The Department inherited the scheme when it took on responsibility for employment services from FÁS in 2012. In practice, there is a large overlap between the purpose and operation of this scheme with other employment schemes such as community employment or CE, Tús and the rural social scheme, RSS. When the scheme was closed to new participants, the then Government gave a commitment to participants that they could remain on the scheme until reaching State pension age. Since then, the numbers on the scheme have reduced year on year, with just 250 people, plus 20 supervisors, currently remaining on 35 schemes. Recognising that the commitment to allow people remain on the scheme will create a long tail out to 2046, the Comptroller has recommended that we review the scheme on a three-yearly basis. This review is currently under way. It is likely that we may propose that the remaining schemes merge with CE schemes but participants retain their current terms on a personal to holder basis.

Chapter 15 of the report relates to control of the free travel scheme. It includes a number of recommendations, including with regard to the greater use of the integrated ticketing system or tap-on recording of journeys. With respect to the recording of journeys and payments, increased use is being made of the ITS system, starting over the past year with larger operators as suggested by the Comptroller. In addition, an interdepartmental group has completed a review of the funding model and prepared a draft report, including with respect to payments. As some of the recommendations might have significant implications with respect to cost allocations, I have asked for the report to be shared with the Irish Government Economic and Evaluation Service for review. Increased use of spot checks and updated service level agreements have also been progressed, as recommended.

Chapter 16 of the report relates to the use of real-time PAYE data from Revenue. The report notes that the Department utilises a real-time look-up facility across many of its schemes, both in the assessment of claims and in the post-award review and control of claims. The report recommends that the Department should monitor and report on the usage of that facility and consider expanding its use as an automatic part of the claim process on all means-tested schemes in the manner we currently use for the working family payment scheme. The Department has progressed both of these recommendations, with data on the use of RTLU now being recorded and reported. The automatic use of RTLU as part of claims assessment has also been extended to pay-related jobseeker processing. The value of extending its use as an automatic element for other claim processing is not as evident but will be kept under review.

Chapter 24 of the 2024 report relates to the collection and allocation of the PRSI receipts and, in particular, as it affects the allocation of revenues between the fund and the National Training Fund. It includes three inter-related recommendations which are aimed at improving the timeliness and level of detail of data supplied by Revenue to the Department adjusting the approach used to allocate revenue to the National Training Fund, and adjusting the memorandum of understanding between the Department and Revenue. A subgroup of the high-level group that already exists between Revenue and the Department has been established to progress these recommendations.

While I agree with the recommendations and, in fact, would argue that the transfer of National Training Fund receipts should in an ideal world be made directly from the Revenue to the National Training Fund, I understand this would require legislative change and moreover some significant and complex IT system changes within Revenue. The benefit of pursuing these changes, given there will be no net increase in overall revenue for the State, and any adjustment of the allocation between the Social Insurance Fund and National Training Fund is also likely to be relatively small, may have to be carefully examined.

I conclude by acknowledging the staff of the Department and thanking them for their commitment to public service. I see everyday how the managers and staff of the Department work hard to deliver services to the communities from which they come and in which they live, conscious that it is their families, friends and neighbours who not only depend on these services but who, through their social insurance contributions and taxes, pay for them. Having said that, as I said before, we are not perfect and we do not always get things right. This process today plays an important role in reminding us of our purpose, helping us to identify areas for improvement and to learn from our mistakes. It is through such a process that we hope to continue to improve. I and my colleagues are happy to take any questions members may have.

Comment on this
John Brady An Cathaoirleach Sinn Féin

I thank Mr. McKeon. We will suspend the meeting at 12 noon, or shortly thereafter, for ten to 15 minutes. I open the floor to members. The lead speaker is Deputy Bennett who has 15 minutes. All other speakers will have ten minutes. On conclusion of that, if time permits, I will allow members back in for a short supplementary.

Comment on this

I welcome everybody from the Department of Social Protection and I thank the C and AG for all his work and all his office does in relation to the public accounts committee.

The Department has €18.3 billion worth of receipts, is that correct?

Comment on this
Mr. John McKeon

The Social Insurance Fund is €18 billion this year. There is €15 billion in the account under review.

Comment on this

That was in 2024. In 2023, it was only €16.8 billion. How did it increase by so much?

Comment on this
Mr. John McKeon

It is employment growth. The Social Insurance Fund is outperforming the projections of the last actuarial review. Based on the economic forecast of the Department of Finance, the last actuarial review saw employment growth of about 1.5% to 2% per annum. In fact, in some of the years under review, it has grown by 3% to 6%. We did have 2.4 million people in employment and we now have 2.9 million. It is overwhelmingly due to increased employment.

Comment on this

It is increased employment.

Comment on this
Mr. John McKeon

It is. A lot of that, and I say this because I am conscious of a lot of the criticism about migration, would not happen without migration. Nearly of all the growth in employment is through bringing workers in.

Comment on this

Is a portion of that additional money in social protection invested? How much of that is invested on a yearly basis?

Comment on this
Mr. John McKeon

The current surplus in the fund is approximately €13 billion. This year, the surplus will be €2.5 billion to €3 billion. The responsibility for investment of the Social Insurance Fund is split in two. The Minister for Social Protection has responsibility for the expenditure side, which is through the annual budget process, and the Minister for Finance controls the surplus of funds through the NTMA, which invests the money. This year the returns from investment by the NTMA come to approximately €171 million extra into the fund.

Comment on this

The increase in receipts is put into an investment fund that the Minister for Finance has control of.

Comment on this
Mr. John McKeon

That is right. It is through the NTMA.

Comment on this

What does the Minister for Finance do with that fund? What is it used for?

Comment on this
Mr. John McKeon

As I understand it, it is invested predominantly - and it is really a matter for my colleagues in the Department of Finance and NTMA as we do not have any input or control on where it is invested – in Exchequer notes.

Comment on this

It goes into the Exchequer.

Comment on this
Mr. John McKeon

It gets a return on it. It part funds the Government's borrowing requirements. It is Exchequer notes.

Comment on this

Mr. McKeon said that in 2027 there will again be an increase in PRSI for people paying their taxes. Are all of these additional taxes people are paying into the Social Insurance Fund going back into the Department of Finance? Is that correct?

Comment on this
Mr. John McKeon

That is correct. It is important to understand the fund is ring-fenced. It is not used. The money in the fund is the fund’s money. The reason there is an increase in the rate of 0.7%, as said in the opening statement, is that with the demographic trends, we will not have enough receipts in ten years' time to cover the payments out of the fund, so we need to build a surplus to be able to meet the payments at that time. If we are to have a balanced fund and if we are to be able to afford to pay pensions, in particular, in ten, 20 or 30 years' time, we have to increase revenue now, as it will not be available in 20 or 30 years' time. The fund is ring-fenced. The NTMA invests it and makes the decision as to where it gets the best return. Its judgment, as I understand it, is that it gets the best return in Exchequer notes. It earns interest on that and it comes back to the fund.

Comment on this

What is the return?

Comment on this
Mr. John McKeon

The Department of Finance would have the answer to that. As I said, it was about €176 million on the investment in the past year.

Comment on this

Is it correct that there was an increase of €1.3 billion in contributions between 2023 and 2024?

Comment on this
Mr. John McKeon

Yes.

Comment on this

Going forward will there be that much of an increase?

Comment on this
Mr. John McKeon

This year the surplus is about €2.5 to €3 billion, although closer to €3 billion.

Comment on this

I find it mind-boggling that people are paying all this additional money all the time. People that are working hard every day have to pay this additionality in contributions. Mr. McKeon said that in 2027 there is going to be another increase. How much is that going to be?

Comment on this
Mr. John McKeon

That will be 0.15 of a percentage point. Perhaps I am not making myself clear. The fund has always operated on a pay-as-you-go basis. If we think about the contributions people are paying now, it is mainly to pay for their pension when they retire. The amount of money going in is not sufficient to pay for their pensions. The money going in now will help. They will get it back when they retire. It is not lost money. The other thing that is important to realise is that about three quarters of the payments are employer contributions. Of the €18 billion we have collected, some €14 billion is employer contributions and €4 billion is employee contributions.

Comment on this

So people are paying for their pensions and will have a good pension in later years.

Comment on this
Mr. John McKeon

That is the intention. To be honest, the payment rates will have to increase quite significantly over the next number of years to make that happen. The actuarial review estimates they will have to double.

Comment on this

PRSI contributions will have to double. Everybody paying taxes will have their PRSI doubled. Does Mr. McKeon not think people are going to go mad about this?

Comment on this
Mr. John McKeon

It is a choice. The reality at the moment is that the pensions of the older people of today are being paid for by the workers of today. As the population ages, there will not be enough workers left. It has been well-documented that we are going from four workers per pensioner to two. There will not be enough contributions. To be fair to the workers of today - and I am 63 years of age so it will not bother me - if I am a young person in my 30s or 40s, I am looking at a situation where older people will, in a few years' time, be getting a pension I will be paying for but there will not be enough young people when I am in my 60s and 70s to pay my pension. It is important to put the money in now.

Comment on this

Mr. McKeon is saying we are going to be paying double our contributions. That is very unfair.

On top of that, there is going to be auto-enrolment coming online.

Everybody has to pay for auto-enrolment into a pension as well. How does this add up? People will have to make a double contribution to PRSI and pay into auto-enrolment.

Comment on this
Mr. John McKeon

Auto-enrolment is voluntary. People have been opted in but they can opt out. It is not compulsory. The idea of auto-enrolment is that, outside of the public sector, only about one third of workers have occupational pension coverage. There are three elements to the pension system, classically. That has been subject to review. It is called the three-pillar approach. There is the State pension, which is a basic retirement income of about €15,000 per year at the moment. Then there is the occupational pension and private savings. For somebody to have a decent standard of living when they retire, they need at least two of those pillars. They need the State pension plus the occupational pension or savings. When one third of private sector workers do not have occupational pension coverage, notwithstanding the huge financial incentives in the form of tax reliefs, the pension industry has not really been successful in getting people to take up such coverage. The State decided-----

Comment on this

Is it not true that if somebody retires at the age they get the State pension and has paid a pension through their employment, they are taxed on that again?

Comment on this
Mr. John McKeon

They are taxed at that point but they get tax relief on the contributions they make.

Comment on this

You get tax relief at the time you pay but it is taken back off you eventually.

Comment on this
Mr. John McKeon

Economists will argue differently. You get 42% tax relief on the way in and get tax relief on the investment growth. Most people pay tax at 20% on the way out, so there is a big advantage.

Comment on this

Okay, thanks for the clarity on that. The auto-enrolment scheme is coming in across the board. The likes of childcare providers will be forced to pay into it but the Government does not seem to make any contribution towards that auto-enrolment. It will be a big issue come January and February when the auto-enrolment kicks in. Childcare providers which are semi-funded by the State will have to pay that additionality in the auto-enrolment. Has Mr. McKeon come across that?

Comment on this
Mr. John McKeon

From our Department's perspective, the auto-enrolment system is a voluntary opt-in, opt-out system and we have published the impending introduction of it in great detail over two or three years. We have told employers, including in the community and voluntary sector. In the normal course of events, it is up to those employers to prepare their budgets.

Comment on this

Childcare providers get core funding. Are they getting an increase in that funding to help subsidise auto-enrolment?

Comment on this
Mr. John McKeon

That is a matter for them and their sponsoring Department. We fund some in the Department, including community employment, Tús and RSS. Our sister Department, the Department of Rural and Community Development, has factored in the increased costs. I cannot speak for every Department. It is similar to the PRSI increase or a taxation increase. These are published things. When firms, including those in the community and voluntary sector, are preparing their budgets, they need to account for the changes and make the case to their sponsoring Department.

Comment on this

How do they account for it in a budget if they do not have it?

Comment on this
Mr. John McKeon

They need to make the argument to their sponsoring Department. It is up to the sponsoring Department.

Comment on this

So Mr. McKeon is saying for them to go back to the Departments and ask for that increase for the auto-enrolment.

Comment on this
Mr. John McKeon

If they have not already got it, I think they need to consider that. All sponsoring Departments were aware this was coming in. The Department of Public Expenditure, Infrastructure, Public Service Reform and Digitalisation through its Vote process was aware. I have heard the point raised in general but have not come across a specific issue.

Comment on this

Thanks for the clarity on that. The Christmas bonus payment in 2024 was provided through Supplementary Estimate rather than the standard budgetary process. Why did that happen? Why did it not go through the standard budgetary process?

Comment on this
Mr. John McKeon

I came back to the Department in 2010 and for a long time even before I was in the Department that was the process. Normally, budget 2026 would only consider matters for 2026. The exception in social protection is budget 2026 looks at the Christmas bonus for 2025. It is not provided in the Estimate out of budget 2025. It is brought forward in the budget for 2026 and provided by means of a Supplementary Estimate. That has been the practice since God was a boy, to be honest.

Comment on this

Would it not be better to calculate how much you will give out in the following year, instead of having to estimate it?

Comment on this
Mr. John McKeon

It is a matter for Government, really. The Government has always since God was a boy taken the view-----

Comment on this

It probably depends on the year. Does it?

Comment on this
Mr. John McKeon

The Government likes to see how the Exchequer returns are going during the year to see-----

Comment on this

Or what is coming up that year, maybe an election or something coming up at the end of the year.

Comment on this
Mr. John McKeon

I will not comment on political issues.

Comment on this

It might happen like that.

Comment on this
Mr. John McKeon

It is €370 million so it is a lot of money. As a civil servant, I would say it is a prudent approach.

Comment on this

It is a good way to buy votes at the end of the year. Coming up to an election, it would be a good stance by a Government party to actually-----

Comment on this
Mr. John McKeon

It is paid every year, so it is not just election years. I cannot get involved in political commentary.

Comment on this

No problem at all. I want to ask about paternity leave. The woman is off for maternity leave and then both partners get paternity leave after the woman has had the child. Can that paternity leave be shared between partners?

Comment on this
Mr. John McKeon

There are three types of leave. There is maternity leave, which is obviously for the mother; paternity leave, which is obviously for the father; and parent's leave, which is two weeks for each parent. It is common around Europe, not just in Ireland, though in some countries it is different, that it cannot be shared. I remember the debates because I was interested for other reasons. The debates in the Oireachtas at the time were about forcing the father to take some time off. There is a gender equality issue. It is not fair it is always the mother who takes time off. The father should be obliged. He loses the leave if he does not take it. That was the tenor of the debate and the decision taken.

Comment on this

Could you not leave the option for parents to make that decision?

Comment on this
Mr. John McKeon

It could be done. It would be a matter for the Oireachtas. It is a legislative requirement. If I recall correctly, all parties agreed with the approach at the time. I had a personal interest in it.

Comment on this

It is just a question I have been asking myself: why can parents not share parent's leave? I thank Mr. McKeon.

Comment on this

I welcome the witnesses and thank all the staff in the Department of Social Protection for everything they do and for liaising with our constituency offices and members of the public. How many social welfare branches does the Department have across the country?

Comment on this
Mr. John McKeon

I will ask Ms Leonard for the answer to this but we have about 120, split between our own offices and branch offices.

Comment on this
Ms Teresa Leonard

The Secretary General is correct. We have 60 departmental offices and 60 branch offices. Like the Christmas bonus, they have been there since Adam was a little boy and they are contracted to do a lot of the work the departmental offices do in relation to payments and customer services. There are 120 offices throughout the country.

Comment on this

Very good. In 2024, there were two temporary contracts for branch managers in the Midleton and Roscrea branches totalling €455, 231. The timelines on those temporary contracts are extremely vague. What was the timeline on both of those?

Comment on this
Mr. John McKeon

I will come back to the Deputy with the exact timeline. As Ms Leonard said, the branch offices have been there since before the foundation of the State. The way they were set up involves indefinite contracts or lifetime contracts, a bit like sub post offices. They go from family to family. What sometimes happens is a family member ages out and does not want to do it any more.

Comment on this

Did that happen in both of these cases?

Comment on this
Mr. John McKeon

I think that was the case in both of them. The family members did not want to take over so we had to publish a notice.

Comment on this
Ms Teresa Leonard

I think we have probably given a short-term contract for approximately three years temporarily. In some actual cases, we would revert and put in the departmental offices. Up in Monaghan, we put in a departmental office.

Comment on this

In Midleton and Roscrea, the Department gave two temporary contacts.

Comment on this
Ms Teresa Leonard

Yes.

Comment on this
Ms Teresa Leonard

I honestly would have to come back on that, no more than the Secretary General. I do not have that information off the top of my head.

Comment on this

Has Ms Leonard an estimate in that regard?

Comment on this
Ms Teresa Leonard

I would imagine it is probably for about three years-----

Comment on this
Ms Teresa Leonard

-----but I would have to check that. To go back to what the Secretary General said, some people have lifelong contracts but in later years, we have been putting shorter periods on the contracts in relation to renewable contracts. There are some locations where it may be appropriate to put in departmental offices for additional services.

Comment on this

That was not the case in Midleton or Roscrea, was it?

Comment on this
Ms Teresa Leonard

Not at the minute anyway. They are still-----

Comment on this

They are not temporary anymore. We have found somebody to run those offices.

Comment on this
Ms Teresa Leonard

Yes, temporarily.

Comment on this
Mr. John McKeon

The longest will be for three years. Generally speaking, we are looking at less than a year because what we need to do is get somebody to take it on pending recruitment.

Comment on this

Generally speaking, a temporary contract would last less than a year. Is it a possibility that contracts in Midleton and Roscrea were for less than a year?

Comment on this
Mr. John McKeon

It is. We would need to come back with the data. I will get the data for the Deputy.

Comment on this

Will Mr. McKeon come back to me in writing?

Comment on this
Mr. John McKeon

Yes, in writing.

Comment on this

Have the witnesses the information now?

Comment on this
Mr. John McKeon

I do not think I have the information now. I will send a note to the committee. It is important to put it in context. Those are important offices for us.

Comment on this

Yes, absolutely.

Comment on this
Mr. John McKeon

Quite often, we get very short notice. The person who is running an office might tell us he or she is not opening next week.

Comment on this

I understand how important they are to communities. I have one in my own community in Mallow. I understand how important they are. The significant issue is that the timeline for those temporary contracts is extremely vague and the taxpayer and the Department spent €455,000 on these temporary contracts. It is disappointing that with the expenditure of €455,000 to the taxpayer, the witnesses do not have the timelines for these two branches.

Comment on this
Mr. John McKeon

May I give the Deputy a bit of comfort about the spending? The payments are set at standard rates for all branch offices. They are related to the numbers of transactions and the number of clients they serve.

Comment on this

How much would a branch officer earn?

Comment on this
Mr. John McKeon

It varies depending on the size of the office. Some would be very small amounts. Maynooth would be our biggest branch office, which would be over 1 million. The branch managers' remuneration in total in 2024, for approximately 60 offices, was €15 million.

Comment on this

That was for 60 offices.

Comment on this
Mr. John McKeon

Yes.

Comment on this

That is 60 branch managers.

Comment on this
Mr. John McKeon

Yes.

Comment on this

Do they vary or are they specific for each branch manager?

Comment on this
Mr. John McKeon

The rates are the same for all of them. There is a payment related to the claim load and transactions. It is a standard rate. Whoever got the temporary contract in Mitchelstown was not getting a special deal or special money in the payment. It is what we would have spent anyway.

Comment on this

The procurement of those temporary contracts are, as Mr. McKeon said, for such a short time. Are the positions advertised?

Comment on this
Mr. John McKeon

We advertise them.

Comment on this

Are they advertised as temporary contracts?

Comment on this
Mr. John McKeon

We would advertise the permanent one in local media. Where a replacement is sought, it would be advertised locally that we are looking for a new branch manager for Mitchelstown. I cannot comment specifically on Mitchelstown, but there are other branches with which I would be familiar. Sometimes you get very short notice. These contracts go back to before 2022. I am not exaggerating when I say that you might get somebody who has turned 80 and says he or she is not going to open next week.

Comment on this
Mr. John McKeon

We have to go and find somebody in the community, maybe a shop owner, and ask him or her to run it for a while as we run the-----

Comment on this
Mr. John McKeon

That is what happens. You cannot close the office.

Comment on this

It is important that Mr. McKeon comes back to us as quickly as possible with that timeline. We need to assess for how long we were paying the €455,000.

Comment on this
Mr. John McKeon

Absolutely, Deputy.

Comment on this

As Secretary General of the Department, how confident is Mr. McKeon that we will abolish carer's allowance in this period of Government?

Comment on this
Mr. John McKeon

That is a matter for the Minister and the Government to answer.

Comment on this

Does Mr. McKeon believe the Department of Social Protection is able to cover that cost?

Comment on this
Mr. John McKeon

It is up to the Government to decide what is available. We cover 28% of expenditure but the Government could raise taxes or cut expenditure elsewhere. Economic growth can fund it. There has been a significant increase in the carer's allowance disregard in recent years. It has more than doubled. That is evident. I do not want to get into politics, but I would say the evidence is that the Government is doing what it said it was going to do, which is to abolish it over the course of this Government. The payment has increased from €200 to over €625. It is now €2,000 for a couple. That is a significant increase.

Comment on this

With my tongue in my cheek, I will say that the amount of money that carers save this country is quite significant. I put that on the record.

Comment on this
Mr. John McKeon

I do not cast that in any doubt at all.

Comment on this

I do not expect Mr. McKeon to do so. I put that on the record. For administration and non-scheme expenditure, there is a total of €627 million for 2024, up from €600 million in 2023. Some €107.1 million was spent on digital capital investment and IT. What was that €107 million spent on in one year?

Comment on this
Mr. John McKeon

I could get the Deputy a detailed breakdown. We have probably the largest IT organisation of any business or company in the State. We make nearly 100 million payments per year. We process approximately 5 million claims.

Comment on this

Does Mr. McKeon know how much was spent in 2023 and 2024?

Comment on this
Mr. John McKeon

We have all that information and can get it to the Deputy. We have invested heavily in our online services. Most of our claims are now received online. That takes investment.

Comment on this

I want to know if there has been a significant increase across 2023 and 2024. The total of €107 million seems excessive. I am not sure if the Comptroller and Auditor General has the detail for the financial accounts of 2023 in front of him. He might not.

Comment on this
Mr. John McKeon

The actual figure for the IT spend in 2024 was €73 million. Part of that expenditure-----

Comment on this

It is outlined here under "administration and non-scheme expenditure". Under "digital capital investment and IT" is recorded spending of €107.1 million.

Comment on this
Mr. John McKeon

The capital amount is €73 million, to be clear. The balance would be staff costs. We have 250 staff in our IT department.

Comment on this

Is that an increase on 2023?

Comment on this
Mr. John McKeon

It would be. Every year we are increasing. That is the nature of IT expenditure.

Comment on this

Did any specific IT projects begin in the Department in 2024?

Comment on this
Mr. John McKeon

Yes. For example, the new jobseeker's pay-related benefit system had to be built from scratch.

Comment on this

How much did that cost?

Comment on this
Mr. John McKeon

Ms Leonard might have the answer to that question. I will come back to that in a moment. We went from an old IT system, which was developed in the 1990s and called the integrated short-term payments system, ISTS. It was developed in the 1990s and did nearly all our short-term schemes.

Comment on this

I only have one minute left.

Comment on this
Mr. John McKeon

The answer to the question on the jobseeker's pay-related benefit system is €2.5 million.

Comment on this

It cost €2.5 million.

Comment on this
Mr. John McKeon

It did.

Comment on this

How was that procured? Was there a contract-----

Comment on this
Mr. John McKeon

It was an open tender.

Comment on this

It was an open tender.

Comment on this
Mr. John McKeon

We manage all our IT projects ourselves so we go to tender. What we go to tender for is we want-----

Comment on this

When did that go to tender?

Comment on this
Mr. John McKeon

That would have been 2023.

Comment on this
Ms Teresa Leonard

It was 2022 or 2023.

Comment on this
Mr. John McKeon

It was 2023.

Comment on this

When was the successful tender approved?

Comment on this
Mr. John McKeon

It would have been in 2022-23. This is a project which took about 18 months.

Comment on this

It began in 2024.

Comment on this
Mr. John McKeon

We started the project in 2023.

Comment on this

It started officially in 2024 then.

Comment on this
Mr. John McKeon

The payment started. You do not build a jobseeker's pay-related benefit system in three months. It takes a year and a half.

Comment on this
Ms Teresa Leonard

On that issue, to do a system such as that for the jobseeker's pay-related benefit, as the Secretary General said, it was a legacy system which looks after 18 schemes of the Department. It supports 18 payment schemes, including jobseeker's benefit and the lone parent and community welfare payments. All of those payments are supported on the system. Quite a lot of time went into assessing how to transfer them from one platform to another before we ever started the build.

Comment on this

How many community welfare officers are there in the country?

Comment on this
Mr. John McKeon

I will get the number now.

Comment on this

Has the job specification changed?

Comment on this
Mr. John McKeon

It has not changed. There are 532 community welfare staff.

Comment on this

Why are they no longer meeting people?

Comment on this
Mr. John McKeon

They are meeting people.

Comment on this
Mr. John McKeon

They are.

Comment on this
Mr. John McKeon

I have to challenge the Deputy on that. We have permanent community welfare officers located in 51 locations.

Comment on this

It was the previous the case in the Mallow branch that a member of the public could enter the branch and meet the community welfare officer. That is no longer the case.

Comment on this
Mr. John McKeon

I will explain how it operates now. We have 532 staff in the community welfare service. They are permanently located in 51 locations around the country. There is a walk-in service from 9 a.m. to 5 p.m. We also have 20 satellite offices, so that is 71 locations. In places such as Mallow, for example, you could previously walk in to meet a community welfare officer at certain times of the day and on certain days of the week. They were not there fully permanently. What we have moved to is a model with 51 locations where community welfare officers are permanently available so people know-----

Comment on this

Mallow is obviously not one of those locations.

Comment on this
Mr. John McKeon

I cannot say whether Mallow is one or not, off the top of my head. We will tell the Deputy now-----

Comment on this

Will you bring it back?

Comment on this
Mr. John McKeon

Thirty percent of our community welfare service claims now come in online, about 30% come in over the phone and about 30% are in person. We make about 30% of our payments on the day in person.

We did make changes in the past. When we took on the community welfare service, to give some idea of the scale, there were about 100,000 people getting rent supplement. The community welfare service was also processing medical card services. Both of those have gone. In terms of the scale of its operations, the community welfare service is now about a third of what it was when we took it over from the HSE because the HSE set up its own medical card processing and rent supplement turned into the housing assistance payment, HAP, which is done by the local authorities. That automatically means you have got a situation where you previously had maybe 100 locations where a CWO was, which creates a difficulty if you have a CWO who is going to be two hours, for example, in Drumlish, an area I know well. In the past, I would be two hours in Drumlish on a Tuesday morning and on a Wednesday afternoon I would be in Ballymahon. People had one day a week to get to that. Now, they can go into Longford town every day of the week. That is a better service.

Comment on this

I wish all the witnesses well. Thank you and a happy Christmas.

Comment on this

As I cannot go to Mallow, I do not know whether I understood those questions. I am only-----

Comment on this
Mr. John McKeon

They can go to Mallow. It will be open in Mallow a couple of days a week.

Comment on this

I support the Deputy's Mallow application.

I thank all the witnesses. Will Mr. McKeon tell me the total number of suspected social welfare fraud cases to date for the year 2025?

Comment on this
Mr. John McKeon

I would not have the figures here today. What I will say is we do-----

Comment on this

I have them for 2024. There were 6,007 suspected social welfare fraud cases to the value of overpayments of €24 million. How is it trending in this calendar year?

Comment on this
Mr. John McKeon

It is pretty much the same. Looking at control, in terms of cases in 2025, we raised 5,200 cases roughly valued at €24.6 million. That is where we have raised an overpayment which we have associated with fraud.

Comment on this

Would Mr. McKeon accept that the control surveys the Department carries out are indicative of a much larger level of undetected social welfare fraud?

Comment on this
Mr. John McKeon

No, I would not. If you look at our control surveys, as I said, generally speaking they indicate an overpayment rate of about 3%. Of the 3%, typically about 1% is allocated to fraud. About 1%, and I am summarising at a high level, is Department error and about 1% is customer error, roughly. It would indicate that we are somewhere between 1% and 2% for fraud. It is very difficult. We have had this discussion at previous iterations of this committee. We used to ascribe a higher percentage of fraud and were taken to task at this committee because in order to establish fraud to a level, it has to pass a certain threshold in terms of evidence. In those cases where we are satisfied that we can establish this as a genuine fraud as opposed to customer error, it is about 1%.

Comment on this

A little bit over 3% and roughly 1% are the figures from the control surveys. If you were to extrapolate those figures out, even at the 1% level, you would arrive at a figure that is in excess of €24 million. Does Mr. McKeon accept that?

Comment on this
Mr. John McKeon

Yes. We go after fraud as best we can. What we do is raise an overpayment-----

Comment on this

On the central point, in the control surveys, as outlined, if 1% of that excess amount is attributed to social welfare fraud, and that figure is extrapolated out, the figure you will arrive at will be in excess of the amounts the Department has identified as suspected fraud.

Comment on this
Mr. John McKeon

Absolutely, yes.

Comment on this

It would be in excess by quite a lot. Does Mr. McKeon accept that?

Comment on this
Mr. John McKeon

Yes, I do.

Comment on this

It would be close to €100 million or €200 million.

Comment on this
Mr. John McKeon

It would be about €200 million.

Comment on this

It is €200 million. How do we explain that gap between the €24 million the Department has identified and the close to €200 million the control surveys have identified? That is about a €175 million gap in where, potentially, social welfare fraud is taking place.

Comment on this
Mr. John McKeon

I will go back to what I said in my opening statement. We have a relatively low level of fraud of between 1% and 2%, and we could certainly detect a lot more and raise a lot more overpayments if we were to introduce an awful lot more controls into our systems, but introducing those controls into our systems would create untold misery for the 99% who are not committing fraud. That is the balance we have to strike. How far do we go in trying to capture that extra €100 million the Deputy talked about and stop it, at the expense of frustrating and denying other people an early payment and their early entitlement? In the grand scheme of things, our actual recovery and fraud control rates compare very well with other countries in this area. I am comfortable that-----

Comment on this

What does that look like? When you say, "compare very well with other countries", what does that look like?

Comment on this
Mr. John McKeon

For example, in the UK, and I quoted the example, it is looking at 3.5%, whereas we are looking at 3% in terms of overpayments. If I look at Canada, the last figure I saw was about 5% and in Australia the last figure I saw was about 6%. If I looked at the other figure-----

Comment on this

The comparable figure is to compare the 5% against the amount of suspected fraud that those jurisdictions have identified.

Comment on this
Mr. John McKeon

They have roughly the same levels. It is roughly, roughly. I do not have the data in front of me but I can get it for the Deputy. The other thing we do-----

Comment on this

There is roughly the same level of a gap between how much they suspected and what is in the control surveys in all of the other jurisdictions.

Comment on this
Mr. John McKeon

There is, roughly. What I would say to the Deputy is that the purpose of doing the surveys to which he refers is to identify the steps we can take to try and reduce the level of fraud - both to measure it and identify the steps we can take. For example, on the jobseeker's scheme a number of years ago, the rate was about 8% overpayments. It is now down to about 5%. That arose because of the survey work that was done. We identified the risks and we now apply a business analytics approach to try to reduce fraud getting into the system.

For example, the big issue was part-time and casual workers. The issue that arises there is part-time and casual workers' pay and hours of work change from week to week and they do not always tell us when that happens. That creates a risk. We have more controls in place now. We identify those cases where we think payments are going out from the Revenue lookup system that we are not being told about and we go after those. We identified that people who were collecting their payments in post offices had a much lower risk of fraud than people who were getting it through their bank account, so we moved all our jobseekers and the payments to the post office. That does create a problem because now most people who are trustworthy are being forced to go to the post office to collect the payment as opposed to getting it in their bank account, but we took that in order to reduce the level of fraud from 8% to 5%. That is the purpose of the control surveys and those are the measures we take.

Comment on this

I will move to another area, which is the domiciliary care allowance. It seems there is a high level of success rate on appeal in this allowance than would be typical in other areas. What can Mr. McKeon attribute that to?

Comment on this
Mr. John McKeon

I will speak about appeals in general first. Generally speaking, about 25% of claims are not granted at the time of application. The figure for domiciliary care allowance is much higher; about 40% are not granted at time of application.

Comment on this
Mr. John McKeon

Not granted. People then appeal. When they appeal, they tend to include much more information in their appeal documents than they had in their claim documents. Most of those appeals are not actually granted by the appeals officer. They are granted by the Department member of staff who originally rejected it. That is because what the appeals office does is send the file back to the deciding officer and says it has now got this extra information. At that point, the deciding officer says they have got a lot more information and they will grant it. We have been trying to make the point to domiciliary care allowance advocates and others that people should submit a full application. We tried to make the form, and we worked with advocates, and we decided-----

Comment on this

Like all these things, and it is the same with sports grant applications, there will be varying degrees of people who will be very good at filling out complex forms to demonstrate their need. Other people will have different challenges in fulfilling those criteria. There may be an inbuilt discriminatory effect of people who are better at addressing very significant amounts of bureaucracy versus those who are not, who could go missing in this process.

Comment on this
Mr. John McKeon

We have done a new form. We have worked with customers and put a lot of work into designing it.

We have moved it online. The online form is much easier because it takes you through the process step by step and it skips questions which are not relevant. A form might be six pages long, but because you answered question 3 one way then go to question 4 and question 5. You do not face that difficulty online. The main issue with domiciliary care allowance and the sustained-----

Comment on this

What is the appeal success rate presently? I asked about figures on this from the last five years. It seemed to me that there was a 60% success rate on appeals in the domiciliary care allowance, which seems like an enormous number versus people who originally apply.

Comment on this
Mr. John McKeon

The situation in January to October 2025 were 3,000 appeals on domiciliary care allowance registered. A total of 1,400 were allowed. Of that 1,400, a total of 1,200 were allowed by the original deciding officer-----

Comment on this

Almost 50% of the appeals there were-----

Comment on this
Mr. John McKeon

Of that 1,400, which is about 50%, 1,200 were not-----

Comment on this

The parent of that child might have waited 12 to 14 months or thereabouts. Some of them have to go to solicitor firms and get letters written by solicitors who then go in. How many solicitor letters would the Department receive for domiciliary care allowance applications?

Comment on this
Mr. John McKeon

I do not have that information with me. On appeals, this is an important point to try to get out. People think that they need to put in the application immediately in order that they can get my claim-----

Comment on this

You can get it retrospectively, but there are ongoing current needs that parents of children who are disabled are paying for, including therapies. A lot of them are at the thin end of the edge and they are waiting for the decision that they are entitled to.

Comment on this
Mr. John McKeon

What I would encourage people to do is to wait until they have all their consultants' reports, GP reports and occupational therapist reports-----

Comment on this

That is very easy to say when there are these big payments that are coming through for every family who is trying to meet the need of their child.

Comment on this
Mr. John McKeon

If you take the deciding officer, deciding officers in the Department operate independently in their functions, but the legislation states that people must-----

Comment on this

I accept that, but-----

Comment on this
Mr. John McKeon

If they are not given the documentation that enables them to make the award, they cannot make the award in the first instance. Unless the Oireachtas wants to change things so that people do not have to present any-----

Comment on this

I accept that. The Department has to implement the policy, but I want to highlight - I am over time - the figures in and of themselves are indicative of there being a challenge in terms of what the Oireachtas intended to do, which was to provide money for families with needs versus the reality of what a lot of parents are facing when they are submitting these applications.

Comment on this
Mr. John McKeon

What we are proposing to do, and we hope to bring it forward if we can in a Bill next year, is to make it absolutely clear through the law that a person can get their payment backdated so we can say to people if they get a diagnosis on 1 January but it will take three months to get their occupational therapist report, they do not have to apply now and the payment will be backdated. We hope that this will prevent, as 1,200-----

Comment on this

It is important to say that you do not necessarily need diagnoses in order to obtain the domiciliary care allowance. Just to clarify that and not to confuse things.

Comment on this
Mr. John McKeon

No, you still need the evidence from a medical practitioner that the child-----

Comment on this

You need evidence that there is a need. That could be very different to a diagnosis. A lot of people are waiting for an assessment of need that may in fact be entitled to a domiciliary care allowance but they have not received the completion of the assessment of need.

Comment on this
Mr. John McKeon

That would be a matter for the Oireachtas to decide. At the moment, the qualification criteria for domiciliary care allowance is that there has to be medical evidence that the child requires a level of care and attention substantially greater than that of another child their age.

Comment on this

I accept that, but just to be clear, that could be different to a diagnosis.

Comment on this
Mr. John McKeon

It varies by diagnosis, absolutely. It goes back to the Deputy's point about control and the point I was making. We can have a very tight control around these payments, or we can grant payments. We take a view within the Department that our job is to look after the 99% of people who are honest-----

Comment on this

I do not think the domiciliary care allowance, to be fair, is an area where a lot of fraud is being perpetrated.

Comment on this
Mr. John McKeon

It is a very expensive scheme. The numbers on the scheme have increased very dramatically in recent years. It is a huge cost at the moment. It is a matter of concern for the Exchequer that the amount of money that has been spent on domiciliary care allowance and the growth does need to be something that we need to pay attention to.

Comment on this

It is growing to meet the needs that exist.

Comment on this
John Brady An Cathaoirleach Sinn Féin

I thank Deputy Geoghegan. Before we conclude, was Ms Leonard looking to try to get in there briefly?

Comment on this
Ms Teresa Leonard

The only thing I was going to say but the Secretary General said it. It is about the level of difference in care. It is also back to the fact that people do not need the assessment of need. There is kind of a misunderstanding that you need this heavy document of an assessment of need. You do not. The GP can complete the application form as long as they complete it thoroughly. We have changed the questions on the application form. We, in conjunction with domiciliary care parents and organisations representing people with disabilities, made sure that it is actually easy for them to use. We have changed the format. It is much easier, both for them and the GP. If the GP provides a full and thorough report on whoever they are attending, because a lot of these children are actually attending somebody else rather than a GP, if they provide a proper report, a lot of cases get through on the first round. It is possible. You do not have to wait for the assessment of need and we never recommend that they have to.

Comment on this
John Brady An Cathaoirleach Sinn Féin

Mr. McKeon may come in briefly because we are over time.

Comment on this
Mr. John McKeon

The key number on this is that out of the 1,400 appeals that were awarded, 1,200 were awarded by the original deciding officer, not by the appeals officer. It was not that the appeal granted the award, it was that had the information been in front of the deciding officer to begin with, the customer would have got the payment.

Comment on this
Ms Teresa Leonard

I have one more thing to say on that as well-----

Comment on this
John Brady An Cathaoirleach Sinn Féin

We are way over time. I call Deputy Farrelly.

Comment on this

I thank Mr. McKeon and his colleagues for being here. We appreciate the opportunity. Most of my contribution will continue along the line of overpayments. We have seen such a significant increase in overpayments, from 87,000 in 2023 to 115,000 in 2024. Is this an increase year on year? How is that analysed? Is it something of a change in the prevalence based on an issue outside of the Department's control? Is it a weakness within the Department's control?

Comment on this
Mr. John McKeon

What we have done is we have increased our control surveys. There is a couple of things. Arising from previous reports of the Comptroller and Auditor General and our own surveys, we have increased the number of control reviews we are doing year on year. I will get the Deputy the figures on that now. For example, in terms of reviews, this year we are going to do 775,000 reviews. In 2023, we did 630,000. We have increased the number of reviews, going back to Deputy Geoghegan's point. The other reason why there is a large increase in the overpayments is the pandemic unemployment payment, PUP. We made pandemic unemployment payments of just under €10 billion to over 800,000 people. By definition, and we brought this to the attention of the committee at the time, we had to relax some controls and take-on those claims given the situation that persisted. About 70,000 people were overpaid that we know because we did the data matching with Revenue. We have been raising those overpayments. The bulk of the increase is due to that PUP control project.

Comment on this

The surveys are one line of that. I received a response to a parliamentary question where there are asset profilers in the Department as well, people who are actively trying to engage. I believe there are secondments from An Garda Síochána. Could Mr. McKeon tell me a little bit about their role and what they do in the Department?

Comment on this
Mr. John McKeon

The Criminal Assets Bureau has had four organisations involved in it since its establishment, namely the Department of justice, An Garda, Revenue and ourselves. We allocate a number of our special investigators to work with the Criminal Assets Bureau. There have been some cases that were well covered in the newspapers. I cannot name individuals but they relate to well-known crime gangs. Our social welfare inspectors would be involved in the recovery of those payments that may have been made to those involved.

Comment on this

An Garda's role in secondment is to work in partnership. Have they taken leadership roles?

Comment on this
Mr. John McKeon

Within the Department we have about 22 gardaí who work as part of our special investigations unit. They are separate to the Criminal Assets Bureau. They were brought into the Department in 2014 or thereabouts. They deal with prosecutions. The garda can bring the prosecution in the District Court or Circuit Court. That is mainly what they do. They assist our inspectors. There are some cases that our inspectors have to deal with where the person might be of interest to the Criminal Assets Bureau but they are still a dangerous person. An Garda Síochána would be involved in those kinds of cases.

Comment on this

They would be seconded from their normal work into the Department.

Comment on this
Mr. John McKeon

They are full time in the Department.

Comment on this

Can I query the totals I got in answers to parliamentary questions in terms of the overpayments? There is a figure there that states the value of the overpayments was €115 million, yet the total recoveries were €87 million.

That was 2023. In 2024, we are looking at a value of overpayments to €157 million, yet the recovery is only €101 million. Can we hear about the status of the unrecouped overpayments piece there and where we are at in terms of percentage of total?

Comment on this
Mr. John McKeon

I am looking for the data. At the moment, when I look at 2025 and I look at cases, we have raised about €143 million in overpayments and we have recovered about €100 million. That is up to end of October. Of those, a good proportion are paying. I will just get the information out for the Deputy. About 50% of those are paying in their new repayment plan. About 46% are not repaying. Most of those people who are not repaying are what we call off book. They are no longer in receipt of a social welfare payment. To an extent, we cannot get our hooks into them to recover the money. Legislation was introduced a number of years ago that gives us attachment order powers. We have increased the number of attachment orders we are making use of. There are 4,300 attachment orders in place where we are recovering money from people's salaries or from their bank accounts. Another 10,500 were threatened and the people paid immediately when we threatened them with the attachment order. We need to get that 47% or 48% who are not paying into a payment plan. We have allocated extra staff to our debt recovery unit specifically focused on issuing attachment orders. With most of the overpayments we are looking at an average of about €1,000 or so. A lot of people could probably pay straight off, if they are in employment. We do agree payments terms of about €50 a week for people who cannot afford to pay. We will do that over a period of time.

Comment on this

According to the 2023 figures, about €28 million that was not recovered. Does that roll over into the figures for 2024?

Comment on this
Mr. John McKeon

Yes. It rolls over. Every year we write some off, mainly in the case of people who have died or left the State and there is no hope of recovery.

Comment on this

How does the Department determine if they have left the State?

Comment on this
Mr. John McKeon

We have information from Revenue and our own information. We have information from the property registration authority. We know whether people are active in the economy. If they are not active and we cannot find them, and there is no record of them dying, we have a pretty good idea they have left the State.

Comment on this
Ms Deirdre Shanley

I just want to add, about 60,000 people who owe the Department money are actually on a social welfare payment. The amount they can repay at any time is limited. We obviously cannot take them below a certain level of income, so it does take a protracted period for someone on a social welfare payment to pay even a low level debt such as €1,000. Once a person agrees to a repayment plan, the Department works with them to ensure that they adhere to the plan but also, if they are dependent on welfare, that they continue to receive an adequate level of income. That is why in any one year the debt recovery is never going to be equal to the debt raised. It is not like the Revenue Commissioners who can take it all back off someone's tax in a lump sum if the person is earning. It is very much dependent because a lot of our customers are still dependent on welfare, even though they may have a welfare debt.

Comment on this
Mr. John McKeon

A former colleague who used to do Ms Shanley's job described it well as being a bit like the Mounties. Eventually we will get most people because when they retire, they will be on a pension, so it will come back to us. A large part of our recovery is estate cases. When people die, we are notified of their death and of their assets. If there is an overpayment, we will look for it then. While we might not recover it in-year, we will eventually get it.

Comment on this

Over the past five years, how much has been written off in those cases where the officials believe they might have passed away or are not active in the State? What would be the total figure there?

Comment on this
Ms Deirdre Shanley

There is about €7 million of debt written off in any one year. We only write off debts of very small amounts that are deemed irrecoverable, like less than €100, and it is not economical to recover it. The person may no longer be in the country or something like that. In the case of somebody who has died, the recovery may not be possible from their estate and they may be dead more than five years. There is a very low level of debt write-off and we do in accordance with our sanction from the Department of public expenditure and reform.

Comment on this

Averaging €7 million over the five years is €35 million or €40 million. It is a big figure when we put it as a total. I completely accept the point Ms Shanley is making but in total it is a significant cost to the Exchequer.

Comment on this
Ms Deirdre Shanley

It is about €7 million a year but in terms of the actual individual amounts that are written off, they are very low levels of overpayments, maybe about €100 or less. Some of the debt might be just an outstanding balance where somebody has paid the majority of their debt but there might be €5 left on it. If the person is no longer dependent on welfare, it is impossible to pursue somebody for a debt of €5. The postage stamps would be more expensive.

Comment on this
Mr. John McKeon

It is about 1% of the debt every year. As Ms Shanley said, it is only in small amounts.

Comment on this

That is the circle I am trying to square in my head. Mr. McKeon is saying 1% and that is fine, but the value of overpayments in 2024 is €157 million while €100 million has been recovered.

Comment on this
Mr. John McKeon

We have a stock of debt as well that we carry forward. That is why I used the analogy of the Mountie. We will get most of the debt back over time.

Comment on this

The breakdown of overpayments suggests 15% are fraud, which is consistent in 2023 and 2024; customer error is 61% in 2023 and 68% in 2024. There are estate cases as Mr. McKeon said. Official error is down as 1%. There is something wrong with the system if the level of customer error is that high. What is the difference between customer error and fraud?

Comment on this
Ms Deirdre Shanley

There are very clear definitions in the legislation and the deciding officers have to adhere to those. Customer error is where new facts or evidence come to light, but there is no evidence the customer deliberately attempted to conceal those facts or information from the Department. It is usually the case that the customer was late notifying us of a change in their circumstances but there is no evidence that they deliberately concealed information. The evidence required in the context of defining an overpayment as fraud or suspected fraud is that the customer deliberately or wilfully concealed or provided the Department with false or misleading information. There is quite a high bar to classify a case as suspected fraud. Just for interest, in respect of the 116,000 overpayments with the value of €157 million, the average overpayment was €1,350. However, 72% of them were actually less than €1,000. The actual overpayments that are incurred are not fraudulent. The customer may have returned to work, or may have been working casually and got an increase in the number of days, and just failed to notify the Department that they were working three days instead of two. Sometimes it might be an elderly person who does not realise that an increase in a private pension is going to impact their pension.

Comment on this

I wonder if there is a more efficient way for that to be done. I am not saying it is Ms Shanley's responsibility. When it is an information gap as opposed to an intent, is there something wrong within the system that people are not provided with adequate information? What comes from that is all the letters of warning and the myriad issues that come from an unintentional act which really does cost the taxpayer when viewed collectively.

Comment on this
Mr. John McKeon

When we award a claim and give out the decision, sometimes we get given out to because we put it in bold and in red that if there is a change in the person's circumstances, they must tell the Department. From time to time we run information campaigns online saying if there is a change in your circumstances, you must tell the Department. This year we will do 775,000 control reviews, and write to people at random asking them to tell us if there is a change in their circumstances. One of the reason we do so many is we do not want the situation to arise where somebody innocently has accrued an overpayment. Again it comes back to the balance. If we write out to everybody every year, we will end up with people saying we are bothering them and do we not trust them. We are often told: "I was sick last year and I am still sick this year." We have to have a balance. Our surveys show an overall level of overpayment of about 3%, with 1% fraud. A commercial organisation that had 3% of bad debt would be thrilled. A typical level of bad debt is 5%. A retail organisation with 3% shrinkage would be thrilled because it is typically around 5%. If I was the Secretary General in the Department of work and pensions, and I am getting that down from 3.5% to 3%, I would be thrilled.

By any international comparison, we are operating at a good level in managing overpayments. I understand that because we spend €27 billion or €28 billion, every percentage point is a huge amount of money, but to go after that percentage point would inflict huge misery on the 99% of honest people. Part of the cost of running a social welfare system is that there has to be some tolerance, not a high tolerance, but I think a tolerance of 3% overall and 1% of fraud. If the Oireachtas wants to change our views, that is perfectly open to the Oireachtas, but that is where we are at the moment.

Comment on this
John Brady An Cathaoirleach Sinn Féin

We will take a short break.

Comment on this

I welcome the witnesses. I am going to start with a compliment. Any time my office contacts the Department of Social Protection, we get a very swift response. I think it is important to call out when things work well, so I appreciate the attention given to our queries. Reference was made earlier to maternity leave, paternity leave and parent's leave. Does the Department collate data on the number of payments of these types of leave? If that is the case, does the Department share the data with the forward-planning unit in the Department of children?

Comment on this
Mr. John McKeon

We collate information and we publish it in terms of the number of applicants for maternity leave, paternity leave and parental leave. We break it down by gender and by month. We publish this data and make it available to anyone who looks for it. I am not conscious that we have specifically made it available to the Department of children but it is publicly available. We can certainly make it available to this committee. We do the same for child benefit, for example, so yes, we do it and it is all available.

Comment on this

Is it available online?

Comment on this
Mr. John McKeon

Yes, we publish our statistics quarterly and annually and they are available online. If the precise detail someone is looking for is not online, we can provide it in answers to parliamentary questions, freedom of information requests or people can just call the office.

Comment on this

From what section of the Department's receipts are those benefits paid?

Comment on this
Mr. John McKeon

The benefits are paid from the Social Insurance Fund. They are related. The policy responsibility for paternity leave, maternity leave and parental leave is with the Department of children, I gather, now. Sometimes I get lost with the movements between Departments.

Comment on this
Mr. John McKeon

We then provide the State benefit which matches it. We do not say whether maternity leave should be 26 weeks or 28 weeks or parent's leave should be ten weeks or five weeks. We pay the benefit for the duration of time that the Minister for children specifies it should be paid for.

Comment on this

Does the Department have any role in public awareness of the availability of such benefits? I am very conscious that the uptake of paternity leave looks like it is 50% of fathers and the uptake of parent's leave by men is estimated at 25%.

Comment on this
Mr. John McKeon

We have promoted them because we were aware of the issue. This very question was raised with us at other committees. We have run a number of promotional campaigns, including some in the broadcast media, radio and print. We also do quite a lot on social media where we make the availability known and actually the take-up has been increasing. I do not have the numbers in front of me but certainly the last time I looked I was pleased to see that the number of fathers taking parental leave and parent's leave was increasing as well. I think there is a greater awareness that it is a statutory right and I think that is the intent of the legislation, so it is good to see that being delivered on. This is obviously nothing to do with the level of maternity leave. Every woman takes maternity leave but the others are catching up.

Comment on this

How is the success of these awareness campaigns assessed?

Comment on this
Mr. John McKeon

The increase in take-up is the issue and we have seen a marked increase in take-up around the time. We are also trying to tell GPs about it as well. Particularly around maternity leave, a lot of people get their information from GPs and more than 50% of maternity leave claims now come in online. It took us a good while to get there because GPs were photocopying the old forms and handing them out. We try to work through GPs to make sure they promote the awareness as well.

Comment on this

In terms of child benefit, am I right in saying that for next year it is projected to fall by €320 million? Is that correct?

Comment on this
Mr. John McKeon

Yes, that is correct.

Comment on this

Is there an understanding as to why?

Comment on this
Mr. John McKeon

It is because of the falling birth rate and the ageing out of people who are 18. Parents get child benefit until their child turns 18, or 19, if the child is still at school. It is the demographic effect with the birth rate now below 2%. It used to be 2.6% or 2.7%. It is now below 2%, so it is the declining birth rate. The reason is based entirely on demographics.

Comment on this

Does that factor in people who might move to the State and be eligible for child benefit?

Comment on this
Mr. John McKeon

Yes, it does. The Central Statistics Office and Eurostat produce projections on migration and immigration and we use those figures to inform our calculations.

Comment on this

Is funding for that done on an annual basis?

Comment on this
Mr. John McKeon

Yes, child benefit is an Exchequer-funded payment. Child benefit comes from the Social Insurance Fund, SIF, and the funding is provided for as part of the budget. Well, it is not provided as part of the budget because the budget, strictly speaking, does not provide for the Social Insurance Fund, but it is factored into the calculation of the State balance, the general Government balance each year.

Comment on this

I know Mr. McKeon will not answer this but what I am saying is that maybe there is a scope for us to increase the child benefit or look at a two-tiered child benefit, as was being discussed before the announcement of this budget, to support families who are on the poverty line. Has the Department looked at this?

Comment on this
Mr. John McKeon

Absolutely. Sorry, Cathaoirleach, I was right the first time. The child benefit is paid by the Vote, directly by the Exchequer, not by the fund and is a universal payment. I just wanted to correct that.

On the two-tier child benefit, the Department has looked at this a number of times and the initial report on it from the ESRI goes back quite a long time. It was initially written at a time when what we now call the child support payment and the working family payment were at quite low levels. We have increased the rates of these payments quite substantially in recent years but we are still considering whether we should take on the ESRI recommendation about the two-tier system. People should be aware that there is an issue with the ESRI recommendation. Apart from the extra cost which is about €770 million, about 100,000 children would actually get a reduction in payment and the reduction in payment would be concentrated in the bottom 10% and 20% of the income percentile. This is a rather perverse outcome and we have to be very careful in introducing a change like that it does not affect the most vulnerable families.

Comment on this

Is it an issue with the calculation?

Comment on this
Mr. John McKeon

Yes. The payments we currently have, the child support payment and the working family payment, are of their nature targeted at the most disadvantaged. Someone on a social welfare payment will get the child support payment. For people on the working family payment it is related to their income. When we try to bring in one that addresses the whole community we can either level up, level down or go somewhere in the middle. If we go somewhere in the middle we end up with winners and losers and generally the people who win are those at the higher end and the people who lose are those at the bottom end.

Comment on this

Has the Department come up with other options to try to target those who are most disadvantaged?

Comment on this
Mr. John McKeon

We intend to publish a consultation paper next year, obviously with the approval of the Minister's and the Government. In doing it we have to be conscious that if we replace the current working family payment child support payment with a new, second-tier child benefit, it also has a fundamental impact on jobseeker's allowance and one parent family payments. The consultation we bring out will cover what will happen to those payments, as well as what might happen with a second tier. It is more complex than it is sometimes presented.

Comment on this

Is Mr. McKeon working with the Minister for Social Protection and the Minister for children on that?

Comment on this
Mr. John McKeon

Yes, we will certainly be consulting the Minister for children on that and she has a very keen interest. There is a child poverty programme office in the Department of Taoiseach that we will also be working with on it.

Comment on this

There seems to be a cross-departmental approach to it. They were certainly at the committee on children a few weeks ago.

Comment on this
Mr. John McKeon

Absolutely and it is a commitment in the programme for Government. We will certainly bring out the consultation paper. Obviously, this will be public. With consultation papers sometimes, the very fact a question is asked generates a negative. It can be a case of, "Take the consultation and give us your feedback". On pensions for example, we had consultation papers both on the auto-enrolment system and on the reform of the State pension. Some of the ideas we floated got a reaction, quite rightly, and we then did not proceed with them and we went with different things. People should take the consultation at face value for what it will be, which is a consultation. It is not the answer, it is an idea and now we can correct the answer, based on inputs.

Comment on this

In the minute I have left, I want to ask about the payroll overpayments. How do those happen and who actually administers the payroll for the Department?

Comment on this
Mr. John McKeon

The payroll is administered by the National Shared Services Office. This administers the payroll, I think, for well over 30 Government Departments and offices.

Comment on this

We have seen issues at this committee with this.

Comment on this
Mr. John McKeon

That is right. Generally speaking, the payroll overpayments arise primarily because within the civil and public service, we have the fortnightly and weekly pay in advance.

If I get paid on a Thursday, that covers my pay till the next Friday. If I take the next Friday off, I have already been paid, even if I have exceeded my sick leave. That is generally why the overpayments arise. If, like private industry, we had multiple payrolls I think the level of overpayment would plummet immediately. It is because we have a weekly payroll and it is paid in advance.

We have been taking action to try to reduce it. The level of overpayments this year is down from €1.5 million to about €1.1 million this year. We are starting an audit with the National Shared Services Office, NSSO, next year. The Revenue got in ahead of us. Revenue did our audit and got in ahead of us. We are next in line to do an audit to try to bring the number down. To be fair, most of our staff, our clerical officers and executive officers, are not highly paid civil servants. They are paid weekly. There is a duty of care to the worker in terms of, if they are sick on a Friday, they are not just cut off because they have not sent in a GP certificate. It is also important to be conscious that access to GPs is not necessarily easy. People might be waiting a week or two to get a GP certificate. We cannot stop their pay for a week or two. We have to keep paying them.

Comment on this

Is there no desire within the Department to move clerical officers to monthly pay?

Comment on this
Mr. John McKeon

That issue has been raised a number of times between the public service unions and the Department of public expenditure and reform. I do not know where it currently lies but it would be a Civil Service-wide initiative, not a Department initiative.

Comment on this

You do not see a systemic issue with it.

Comment on this
Mr. John McKeon

It is systemic in the sense that our pay patterns automatically give rise to it. However, there is no malign issue.

Comment on this

I thank Mr. McKeon.

Comment on this

I thank the witnesses for coming in. It is appreciated. They have a huge portfolio with a huge amount of money going through it. When I ask the questions, I am conscious that there are so many moving parts. At the same time, we have to ask the questions. We are not trying to get at you. There are no gotcha moments here. We just ask the questions. I will probably bounce around a number of different issues. As I am not one of the first speakers, maybe a lot of the areas have been covered. I might go into other areas or indeed go into slightly more detail on areas that might have been covered already.

In regard to the school meals programme, the Department’s role in that and how it works, I see there were large overcharges by one operator. What controls are in place? One operator had an overcharge of almost €786,000 with 98 schools. How many operators in total are there typically? How many incidents like this occurred? Is this just an isolated one, despite the size of it? Is this indicative and, although this one is big, are there actually many more smaller instances?

Comment on this
Mr. John McKeon

On the school meals, there are 300 different suppliers providing school meals. The Department provides the funding to the schools directly. The schools then procure local providers and have responsibility for procurement and the reconciliation of invoices and payment of invoices. The Department conducts between 400 and 500 checks every year on schools to make sure our records are correct and in place and that they are fulfilling their obligations under the service level agreement we have with them.

In the particular case the Deputy referenced, it was one of those checks that gave rise to the fact that although the school had certified the invoice, there was no evidence that they had reconciled the payment to the number of meals actually received.

Comment on this

How many schools were involved? It says it was in relation to 98 schools, but did it involve all 98?

Comment on this
Mr. John McKeon

It was one supplier.

Comment on this

So it was one supplier and 98 schools.

Comment on this
Mr. John McKeon

There was a systemic problem with that supplier.

Comment on this

That is what I am wondering. Was it across the 98 schools or did it relate to one or two schools?

Comment on this
Mr. John McKeon

It was across the 98 schools. The issue was that the schools involved were getting school meals before the hot school meals programme was introduced. They had a breakfast club and they had a cold meal option. In some cases the student was down as getting both the breakfast and the hot school meal or the cold lunch. There was an issue with the IT system. We contacted the firm involved and we got the schools to contact them and the firm involved paid back all of the money.

Comment on this

There was no question of any attempts-----

Comment on this
Mr. John McKeon

Our investigation, we had an internal audit team-----

Comment on this

I do not want to use the word but Mr. McKeon knows the word I am looking for.

Comment on this
Mr. John McKeon

The internal audit had a look at it and we believe it was a flaw in the IT system.

Comment on this

A flaw. The other word is an F-word but we will not use it.

Comment on this
Mr. John McKeon

We have since tightened up on our service level agreement with schools and we are insisting that every school keeps a proper record of meals delivered and meals paid for reconciled.

Comment on this

This is my last question on this topic. Does the issue of quality come into it at all or is it that the Department just pays the bills

Comment on this
Mr. John McKeon

When we set up the hot meals programme, before we went out we set up an interdepartmental group on nutritional standards, called the technical nutrition group, and we had dietitians from the HSE, from the Irish Nutrition and Dietetic Institute, from Safe Food Ireland and from the Food Safety Authority of Ireland and they specified the content of what should be on the menu. It is up to the schools then to make sure that their providers adhere to those standards. One issue raised was that they provide a treat meal once a week. In practice, parents order the meals on the apps, and they were only meant to order it once a week, but as a parent myself, I know what kids are like. If the kids says he wants chicken nuggets tomorrow, the parents put down chicken nuggets every day. From last September that treat meal option is gone. We have renewed that interdepartmental group but hired a senior dietitian specifically who reviews those standards.

Comment on this

Quality is key. To switch topics, the Department obviously looks after payments to people who come to IPAS centres or Ukrainians coming here. Is that correct?

Comment on this
Mr. John McKeon

Yes, on behalf of the Department of justice it is now-----

Comment on this

The Department of justice was before us a few weeks ago and I asked that question to the Secretary General of the Department. I asked whether they review the amounts paid in France and the UK to people coming from Ukraine as part of social welfare. They said they did not and that they did not know, which quite shocked me. Does Mr. McKeon's Department look at the amounts paid in other countries to people coming to the country to assess the welfare payments from one country to the next?

Comment on this
Mr. John McKeon

We certainly did in the context of the Ukrainian refugees. By and large our payment rates on Ukrainian refugees is broadly in line with the rest of Europe. Some countries are higher, some countries are lower, but we are broadly in line. We have not, and I certainly have not, looked at the daily expense allowance, which is the main payment now. Bear in mind it is €38.80 a week. It is not a very high amount. I do not know but it is a matter for the Oireachtas and certainly a matter for the Minister for Justice because they set the payment rate, not our Department. We just administer it.

Comment on this

That is why it surprised me that they were able to answer that they did not know.

Comment on this
Mr. John McKeon

I think the Deputy would agree that €38.80 a week is a very low amount of money. Even if they did an international comparison-----

Comment on this

To clarify, is it €38.80 daily or weekly?

Comment on this
Mr. John McKeon

It is €38.80 weekly.

Comment on this

It says daily here.

Comment on this
Mr. John McKeon

It is called the daily expense allowance but it is actually paid weekly at €38.80.

Comment on this

That is fine. I just wanted to clarify, because on the notes we have here, it says "daily". It is just the way I was reading it.

Comment on this
Mr. John McKeon

The title is misleading.

Comment on this

That is fine. The question was not about the amount anyway. There has been a lot of talk of people who are earning an income and we often hear that people who are working are staying in IPAS centres and not paying. They have not been paying rent previously but yet they are working. How does that work from the Department's side? They might be working with other people. I do not care who they work with or what country they are from, but the point is the other people might be paying rent separately. How does that work from your side?

Comment on this
Mr. John McKeon

We income test all the recipients of the daily expense allowance.

Comment on this

When did that start?

Comment on this
Mr. John McKeon

We started doing that in July 2024 or June 2024.

Comment on this

How many people did you bring into the payments net then?

Comment on this
Mr. John McKeon

We have reduced the payments to about 12,000 over that period.

Comment on this

Is that 12,000 the number of people being paid?

Comment on this
Mr. John McKeon

No, we have stopped the payment to between 12,000 and 13,000 people.

Comment on this

Stopped which payment?

Comment on this
Mr. John McKeon

The daily expense allowance payment, based on income testing.

Comment on this

Prior to that, people were earning incomes and getting money from the State and getting free board.

Comment on this
Mr. John McKeon

That is correct.

Comment on this

The extra money has been stopped but now there is obviously talk of them having to pay rent as well. Is that correct?

Comment on this
Mr. John McKeon

That is a matter for the Department of justice.

Comment on this

Exactly, and that is going to be the next step in that phase. Prior to last June, people could work, were getting allowances and obviously did not have to pay rent.

Comment on this
Mr. John McKeon

As I understand it from my colleagues in the Department of justice, the required change in primary legislation in order to move people who are in employment out of the accommodation they are in-----

Comment on this

Is that an opt out or how does that work? What is the process there, the control on that? How do we know for sure? What is the point for someone to say they have a job now and do not need it? They could be on an allowance today and then get a job tomorrow.

Comment on this
Mr. John McKeon

One of the Comptroller's chapters was on the application of what is called the real-time look-up with Revenue. We get information every night and we can look it up every day on people's earnings. So, we match the earnings of people. We have the PPSN of everybody and we check their earnings. If they earn more than €60 per week, the payment begins to cease. By the time it is at €125, it is stopped completely. It is on a tapered rate from €60 to €125.

Comment on this

Okay, so it is systematic.

Comment on this
Mr. John McKeon

Yes.

Comment on this

That is good to hear. I was not sure if there was an opt out.

Comment on this
Mr. John McKeon

No, it is systematic.

Comment on this

If it is all matched off, that is fine. Looking ahead to the future, what is the Department's role in auto-enrolment?

Comment on this
Mr. John McKeon

We were the Department that sponsored the establishment of it. It is now going to be run by a new authority, the National Automatic Enrolment Retirement Savings Authority, which was set up in October. The staff have been appointed to that authority, and from 1 January contributions will begin and they will administer that.

Comment on this

So, it will be fully administered. Where will that be reporting to?

Comment on this
Mr. John McKeon

It will be an agency under the aegis of our Department.

Comment on this

In the context of this committee, will they be coming in?

Comment on this
Mr. John McKeon

The chief executive of the National Automatic Enrolment Retirement Savings Authority is the accountable person to this committee for its operation. If the committee was reviewing their accounts they would be bringing the chief executive in.

Comment on this

I thank the witnesses for being here for the 2024 accounts. The opening statement made reference to non-market activity such as caring in the home, and so on. I want to ask a question around the carers' allowance and the commitment in the programme for Government to abolish the means test. I recognise a significant move in that direction was undertaken in budget 2026 by increasing the income threshold significantly. In terms of forecasting and budgeting, what kind of timeline would the Department envisage for the full abolition of the means test for the carers' allowance?

Comment on this
Mr. John McKeon

That will be a matter the Government will consider each year based on the Exchequer position because it will give rise to a quite significant cost. As I said earlier on, and this is just a factual remark, the means test has been increased very significantly over recent years. It has gone from €322.50 for a single person in June 2023 to €625 in 2025. For couples, it has gone from €665 in 2023 to €1,250 in 2025. That €1,250 becomes €2,000 next year and the €625 becomes €1,000. So, it is increasing in big steps. The question for the Government will be whether it will maintain that pace. At the moment it means that a couple, a two-adult household, can have an income of €110,000 a year and still get the full carers' allowance, which is quite a significant income to be getting a full State welfare payment.

Comment on this

After the changes take place in 2026, what is the estimate for those who will still fall outside it and would need to be captured if the abolition was implemented fully? Is there an estimate for that?

Comment on this
Mr. John McKeon

We have done a number of estimates and this was a very difficult one. I would always put a huge caveat around the accuracy of estimates such as this because we have learned that, when expanding a payment to people who do not have it, we are taking a guess at how many there are.

Comment on this

It is hard to estimate, yes.

Comment on this
Mr. John McKeon

To provide some figures, the census in 2022 says there are 299,000 carers. We currently pay about 106,000. So, if it went to the full 299,000, it would cost €3 billion.

Comment on this

How many are anticipated to come in next year?

Comment on this
Mr. John McKeon

I think we have included a further 3,000 people next year-----

Comment on this
Mr. John McKeon

-----and that is based on the people we know of who have a means-reduced payment who will no longer be means reduced. That is about 3,000 people.

Comment on this

It seems quite low at 3,000.

Comment on this
Mr. John McKeon

That is why I said it was based on the people we know about. We do not know about the people who might be caring who we have no contact with at all.

Comment on this

Ultimately, what is the best estimate of the ultimate cost? Obviously, we have to forecast and provide for this.

Comment on this
Mr. John McKeon

We produced an estimate of €600 million to €3 billion. That is why I said there is a huge caveat. The €600 million is our lower estimate and is based on the fact that, at the moment, about half the carers are on a reduced rate payment. If we put all of them on a full-rate payment and put them together with the people in receipt of the carers' support plan with no carer's allowance, the extra cost would be €600 million.

Comment on this

That is the lower end.

Comment on this
Mr. John McKeon

That is the lower end, but if we take everybody listed as carers in the census and they all qualified and claimed, it would cost €3 billion.

Comment on this

That is an exceptionally wide range of potential costs.

Comment on this
Mr. John McKeon

I should say that the Parliamentary Budget Office has also done a different estimate. The Parliamentary Budget Office has made different assumptions. It has assumed an average payment of €245 and rolled it forward, whereas we have used a full rate payment because, if there is no means test, there is no logic for somebody getting a reduced payment.

Comment on this

It strikes me as a bit of a shot into the dark in terms of the ultimate cost.

Comment on this
Mr. John McKeon

It is.

Comment on this

It is a commitment in the programme for Government and, in my view, it is badly needed because the work done by carers is tremendous.

Comment on this
Mr. John McKeon

I do not want to scare people with the numbers. The reason the Minister has gone up in an incremental approach, and they have been big steps, is so that it can be gauged. I do not want to speak for the Government but I suspect next year there may well be another increase and that will give us a good handle. If it was all done at once, it could end up with a scary number. Maybe if we do it over time, we will see that it is not as scary.

Comment on this

I appreciate that and Mr. McKeon's honesty in respect of that. Regarding the social protection system and people who work part-time, it is an issue that comes to me quite a lot as a constituency TD in terms of the rigidity of the system if somebody is doing a certain number of days work per week. For example, I recently had contact with a special needs assistant who feels, to be frank, they are under a lot of pressure from the social protection system to provide constant evidence to show they are working. The system can be a disincentive to work, in some respects, because it is easier if someone is not working at all.

Comment on this
Mr. John McKeon

It has been a well-recognised flaw in the system that we use a days-worked rather than an income-based approach. As I said, we will be publishing a consultation paper, which we hope to do next year, with the Minister's approval, on changing our approach to working-age payments, partly because we need to look at the two-tier child benefit option, which automatically brings this in, and moving to an income-based assessment. We now have the information from Revenue. In previous years when the system was designed, we did not have real-time access to a person's earnings. The only way we could do it was the days-of-work approach. We now have the technology so we can move to an income-based approach. We will do that in conjunction with looking at what we need to do on the child support payment and the working family payment. That is in our agenda. It is complex. This was looked at in 2012 and 2014 and the Government at the time found it difficult to square. There are always winners and losers when these changes are made. By definition, one person might be better off, but for somebody else, the days-worked approach is better for them. When there are losers involved, it can get very difficult.

Comment on this

It can just be the inflexibility of the system at times and I frequently hear people say it is just not worth their while because of the hassle of it and the difficulties of engaging with the system. We need to look at that.

Comment on this
Mr. John McKeon

Part-time workers can now do a lot of that online, so they do not have to fill out forms. They can do it online, so we try to make it easier within the existing system. Ultimately, moving to an income-based approach is the way to go.

Comment on this

Speaking as a constituency TD, community employment schemes like the Tús scheme are very valuable to community groups, and getting people or having someone on the scheme, whether it is a local sports club or local voluntary group, can be difficult at this time because we have good employment and low levels of unemployment. Are there plans to look at how we can make those systems work a little bit better?

Comment on this
Mr. John McKeon

Community employment, CE, is one of those schemes I want to say something about. The evidence about CE has changed in recent years. When we took it on from FÁS, the evidence was that it was not a very effective labour market progression model, and that actually people who went on CE ended up being longer term unemployed than people who did not go on it. The OECD did a study for us in 2023-24 and that has turned around. There is a lot of effort that has gone into CE over that period of time in terms of training, particularly around things like childcare and people getting NFQ qualifications. The evidence shows it is much more effective than it used to be in terms of labour progression. We are keen to support it as much as we can. There are just under 20,000 participants on it, and about 1,200 supervisors across 823 schemes.

We have made some changes in recent years to try to maintain the numbers because as the live register reduces, the number of people available to go on the scheme is reduced. People who are over 60 can now stay on it until retirement age. If there is no immediate replacement for somebody, we will let somebody stay on until there is a replacement rather than create-----

Comment on this

There is a bit of flexibility.

Comment on this
Mr. John McKeon

We have really promoted it among Ukrainian people. There are 600 Ukrainians on CE and about 1,200 on Tús. We have also extended access to the scheme to people who are credits-only. There are 25,000 people on the live register who are not getting a payment. We have extended access to the scheme to them as well.

Comment on this

Regarding the figure of 20,000 nationally vis-à-vis the number on jobseeker's, it is a small enough percentage.

Comment on this
Mr. John McKeon

There are about 150,000 on jobseeker's so it is a fairly large percentage. When we add in the Tús figure of 4,500 and the rural social scheme figure of 2,600-----

Comment on this

It is 13% or thereabouts. It is a small number who are actively involved-----

Comment on this
Mr. John McKeon

Bear in mind that about 50,000 people on the live register are long-term unemployed. The 100,000 short-term unemployed are in and out very quickly so we are looking at a percentage of the 50,000. In fairness, the 20,000 on Tús would be in addition to the 50,000. It is 20,000 as a percentage of-----

Comment on this

A constituent on the deserted wife's allowance is over the age for the State pension so she is over 66 but there is still a requirement on her to spend a certain amount of her time in this country. This person has family living abroad and wants to assist her family members abroad. I understand the requirement but when someone reaches retirement age in terms of qualifying for the State pension, why is that requirement there because the person does not need to be actively seeking employment?

Comment on this
Mr. John McKeon

If it is the State contributory pension, which most people are on, there is no requirement to be resident in this State. If it is a means-tested payment, the person has to be resident in the State. That is the legislation. The person has to be habitually resident. If the person is not habitually resident in this State, they should claim a pension from the state in which they are habitually resident.

Comment on this

What is the logic of that when someone reaches retirement age?

Comment on this
Mr. John McKeon

If somebody is not actually living in the State and is not integrated with the society in the State, why should taxpayers-----

Comment on this

I understand that but I think the requirement is quite strict in terms of the time abroad a person is allowed. It is quite limited. Could that be looked at?

Comment on this
Mr. John McKeon

Could Ms Leonard comment on that?

Comment on this
Ms Teresa Leonard

The Deputy is referring to holiday leave.

Comment on this
Ms Teresa Leonard

There is a limited period of two to three weeks for that per year. The non-contributory pension is a means-tested payment so it is based on one's means and the fact that one is in the country and habitually resident. We do not pay jobseeker's allowance outside the State either but a person could take jobseeker's benefit abroad for a period of time. The benefit claims that are based on one's PRSI can be used outside the State mostly but because assistance schemes are means-tested, they are based on residency in the country. If a person wants to apply in the country he or she goes to, there is probably an assistance scheme there as well.

Comment on this

I understand the requirement for residency. It is just that the number of days a person is allowed abroad is quite tight.

Comment on this
Mr. John McKeon

If the Deputy wants to send us the details, we will look into it.

Comment on this

I appreciate that.

Comment on this
Mr. John McKeon

I suspect that person may be entitled to the contributory pension. I may be wrong but if the Deputy sends us the details, we can look into it.

Comment on this

I thank the witnesses for the presentation and the work. There has been a lot of talk about overpayments. I will focus on underpayments. The Comptroller and Auditor General's report on the regularity of social welfare said that the result of a controlled survey into jobseeker's allowance was that 4.1% of claimants surveyed were being underpaid. The same survey for the State non-contributory pension found that 6.3% of all claimants were being underpaid. Has the Department any total estimate of how many people are being underpaid or is it the case that all it has is that control and it can extrapolate from that?

Comment on this
Mr. John McKeon

That is what we do. I do not have the figure with me but all our control surveys calculate the numbers. I can certainly send it in a note to the committee. We have been doing these control surveys for a long time so we can do a pretty decent estimate of the number of underpayments. If we identify an underpayment, we correct it and back-pay it. There is no question about that but it has to be identified. Very often, it is for the same reason as an overpayment. People do not tell us that they have fewer days' work or less income. They just do not think to tell us, which is the main reason.

Comment on this

That captures those who are on the payment but are not getting a sufficient amount of the payment. It does not capture someone who has not applied for the payment or perhaps was previously denied the payment and has not reapplied for it. There is another portion of underpayment or non-payment sitting out there separately.

Comment on this
Mr. John McKeon

The Deputy is right. If somebody does not apply, we obviously do not know. If somebody applied and we granted a payment, the evidence is that the amount we grant at the time is the correct amount. Circumstances change, so people need to tell us when their circumstances have changed so that we do not overpay or underpay them. Most people are in and out of jobseeker's schemes quite quickly so they might well be underpaid but they might not think it is worth a candle to come in and get an extra €20 for three weeks. They are back at work and that is the end of it.

Comment on this

The figure for jobseeker's is 4.1% while the figure for the non-contributory State pension is 6.3%. Are the figures similar in terms of other social protection payments?

Comment on this
Mr. John McKeon

They would be similar. I do not have the data in front of me but we will get it for the Deputy. It is an issue. Overall, the net overpayment rate is still the 3% because the net overpayment rate takes account of overpayments and underpayments.

Comment on this

I am sure Mr. McKeon would agree that for the person who is getting underpaid, it is cold comfort that someone else might be getting overpaid.

Comment on this
Mr. John McKeon

Payment integrity is not just about overpayment. It is also about underpayment. We try to communicate to people. I am saying something that is true in my experience. We have inspectors, many of whom spend a lot of their time helping pensioners to get the correct amount because when they go out to do a survey, they find that people have entitlements they have not claimed or their circumstances have changed. They are human beings at the end of the day. They are trying to look after people rather than penalise them.

Comment on this

That is good to hear. If Mr. McKeon could get me figures on the estimated number of underpayments over the past number of years across the board, that would be interesting. I will turn to payments that are not taken up. I do not know if the Department has a term for that similar to underpayments. We spoke previously about the tax gap, which is the gap between what is raised and what should be raised. There is effectively a social welfare gap involving people who are not claiming who could be claiming.

Comment on this
Mr. Seamus McCarthy

One could describe it as unclaimed entitlements. Technically, one is not entitled to it until one applies for it. One could be entitled to it.

Comment on this
Mr. John McKeon

There have been studies. Of the two main schemes that appear to involve underpayment, one is the working family payment because it is an income-based payment. The ESRI has estimated the underpayment rate at somewhere between 30% and 50%. The other payment is paternity payment. I do not have the number in front of me but we know the take-up of paternity payment should be roughly be the same as maternity payment but it is not, so we know there is an underpayment. One could call it an unclaimed entitlement as the Comptroller and Auditor General put it. If a person has not claimed paternity payment, it is likely that he is still getting his salary. People are asking whether they should give up their pay for a week to get a State payment. The one caveat about the ESRI estimate about the working family payment is that about 60% of lone parents would be entitled to working family payment. They do sums in their head about whether they would be better off on the lone parent payment or the working family payment. It might be that the level of underclaiming for the working family payment is compensated for by some element of people making a choice as to which payment is better for them. The working family payment is definitely underclaimed. We have done a lot of promotion of that scheme.

Comment on this

I was going to come to that. Does Mr. McKeon have an opinion as to why some payments have lower levels of uptake than others?

Comment on this
Mr. John McKeon

If one is sick, unemployed, disabled or a carer, one knows about the payment. If one is in work, the working family payment does not cross one's mind. The awareness is not there. It is an awareness issue so this is something we have to look at.

Comment on this

Is there a relationship with means testing?

Comment on this
Mr. John McKeon

The working family payment involves an income test rather than a means test. The income test is done once a year. Once one is in, one is in for the year and the Department does the test a year later. There should not be a concern. We do not look for one's bank accounts or assets. It is purely one's employment income.

Comment on this

The ESRI in that paper makes the point that age-related benefits or universal child-related benefits tend to have relatively high take-up rates. Benefits with complicated eligibility criteria which are means tested tend to have much lower take-up rates. Is that accurate?

Comment on this
Mr. John McKeon

That is fair but I will go back to the point that a child support payment, for example, is a supplementary payment if the applicant is a carer, unemployed or disabled. There is no barrier to claiming it. The take-up on child support payments of those schemes is okay. When it comes to children's payments, the working family payment is the one I would focus on. Child benefit is universal. The other child payments are automatic with the primary payment. There are not too many people who are unemployed who are not claiming the unemployment payment, or who are disabled and are not claiming the disability payment. The child payment comes with both of those payments.

Comment on this

The troubling thing with the non-take-up of the working family payment, taking on board Mr. McKeon's point in terms of lone parents, is that potentially almost half of those who are entitled to this important payment, which is preventing people from being in deep poverty while in work, are not taking it up. Will Mr. McKeon explain what work the Department is doing? What money is being put into promoting people taking their entitlements?

Comment on this
Mr. John McKeon

Mr. Egan has responsibility for our communications area.

Comment on this
Mr. Niall Egan

As Mr. McKeon said, we have promoted the working family payment extensively over the past number of years. I do not have the exact figures to hand on how much the communications campaigns have cost in relation to it. The working family payment is one of our inward benefit supports. By default, a recipient does not necessarily have to be in receipt of a core primary social welfare payment. We are coming up against the issue that a lot of people in receipt of the working family payment would have migrated from an existing core weekly social welfare payment, whether it be a lone parent's payment or a jobseeker's payment. They would have been familiar with it and informed on it by our case officers. It is that cohort who are already in employment and do not have that necessary need that we have target. This is going to be a long-running issue that we are going to have to continuously promote and always be on communication campaigns in relation to it. As the Deputy has identified, there are significant issues in terms of take-up.

Previously, we required recipients of the working family payment to get their employer to certify the hours they worked. We got feedback from customers that this was a barrier. We removed that in the past few years. Particularly in the last year, we have seen an increase in take-up in the working family payment as well.

Comment on this

One of the striking features of our social protection system compared to that of other European countries is the high percentage of means testing. About a fifth of our payments, compared with about a tenth of the EU average, are means tested. The Department started a review of means testing more than three years ago. Where is that at? Why has it not been published? When will it be published?

Comment on this
Mr. John McKeon

It is important to say that international comparisons are fraught with danger. In a lot of countries, the social protection spend is measured on the basis of the central or federal spend. In a lot of European countries, municipal authorities or state authorities pay the means-tested payments, so they are not counted. It looks like a huge number of social insurance payments and a small number of means-tested payments, but they are not counted in the international comparisons. If we look at the poverty reduction rate of social protection expenditure, we are in with the Benelux and Nordic countries in terms of the effect of social welfare.

I got a draft of the means review in the summer. I have sent it back for more work because it was started a number of years ago and commitments in the programme for Government make a lot of the work redundant. I refer, for example to the commitments to eliminate the means test on carer's payment, introduce a working age payment and introduce pay-related benefits. I have asked for it to go back and be worked on in the context of the programme for Government commitments and the changes that have happened in the meantime. I expect to get a new draft of it early in the new year. I will be bringing it to the Minister.

Comment on this

Is the reworking of the report with an idea to meeting the commitment in the programme of Government to carry out a comprehensive review of means tests across the social welfare system?

Comment on this
Mr. John McKeon

It is. I have said this before on the outcome of the means review, but it is important. The social welfare system has developed incrementally since 1838. Deserted wives had one means test. Lone parents had another one. Jobseekers' and disability payments had a different one. Some people think it is going to end up with one means test for everybody, but that is going to be impossible. If we did that, it would be far too expensive or we would end up with a lot of losers. People's expectations need to be cognisant of what is deliverable in a system that has been developed over nearly 200 years in an incremental fashion. I wanted to put that caveat out there. The complexity of this is very complex.

Comment on this

The complexity also has real costs. There is a whole bunch of people in the Department working on these. It not just stressful for the people who are doing it. It is more of a policy point. Moving as much as possible towards universal benefits has significant advantages.

Comment on this
John Brady An Cathaoirleach Sinn Féin

I have a number of questions. I welcome the witnesses again. Has the Department stopped the unlawful collection and storage of biometric data, which is being held and compiled as part of the public service card process?

Comment on this
Mr. John McKeon

There is no unlawful collection. A lot of people think there is biometric data on the public service card. There is not. The process is that we take a person's photograph when they are applying for a public service card. We convert that into an arithmetic template, which is a biometric template. The Data Protection Commission, DPC, has raised an issue with us. It believes that even though there is a legal basis in the law, it is not transparent enough. We are challenging that finding at the moment. Until that is determined in court, it is still lawful.

Comment on this
John Brady An Cathaoirleach Sinn Féin

The Data Protection Commissioner gave a ruling back in June. It is more than concerns. The Data Protection Commissioner outlined a number of serious infringements. These have been under investigation for a number of years. Penalties were imposed on the Department of Social Protection. There was a fine totalling €550,000. Has that been paid?

Comment on this
Mr. John McKeon

No. The Data Protection Acts provide that the DPC can make a decision and then there is a right of appeal. We are in the appeal process. Until the appeal is determined, the situation remains as it was before the DPC made its finding. Until that appeal is determined, there is no fine paid.

Comment on this
John Brady An Cathaoirleach Sinn Féin

When was that appeal lodged?

Comment on this
Mr. John McKeon

There is a statutory time period. It was within the statutory time period. It will probably be heard some time next year. It is as frustrating for us as it is for other people that it takes so long, but that is the nature of the process.

Comment on this
John Brady An Cathaoirleach Sinn Féin

That appeal may be heard sometime next year. That will probably run on for a period of time. One of the rulings from the Data Protection Commissioner states that an order was issued to the Department of Social Protection requiring it to cease processing of biometric data in connection with SAFE 2 registration within nine months of this decision if the Department cannot identity a valid lawful basis. That ruling was given in June. That would bring it up to March for that collection and storage of biometric data to cease. Will the Department comply with that timeframe?

Comment on this
Mr. John McKeon

No, we have looked for a stay. I understand a stay has been granted pending the appeal. The appeal becomes moot if we stop. We believe as a Department that we have a valid legal basis. We believe what we do is entirely lawful. We believe what we do delivers a lot of benefits to the State. We should actively defend our position and try to make the case in court that what we are doing is lawful. It is perfectly appropriate, until that decision is made by the court, that we continue to operate.

Comment on this
John Brady An Cathaoirleach Sinn Féin

The ruling is pretty definitive. There is an appeals process that the Department is engaged in. How many public service cards have been issued at this point? What percentage of the population has one?

Comment on this
Mr. John McKeon

Nearly everyone would have one at this stage. Ms Shanley might be able to comment on the number issued.

Comment on this
Ms Deirdre Shanley

To the end of October 2025, 1.17 million public service cards have been issued-----

Comment on this
Mr. John McKeon

No, it is more than that.

Comment on this
Ms Deirdre Shanley

-----in this year alone. Since the production commenced in 2011, over 8.5 million cards have been issued. That includes 3.2 million free travel cards. Some people have renewed their cards. Other people have lost cards and got replacement cards. Within this year alone, 1.17 million cards have been issued. Quite a substantial number of them are free travel cards. In last year's budget-----

Comment on this
John Brady An Cathaoirleach Sinn Féin

What percentage of the population does that equate to?

Comment on this
Mr. John McKeon

We estimate that somewhere between 3 and 4 million are active. This is people over the age of 16.

It would be a very high percentage of the population. It has proven very useful. If you speak to the HSE in terms of the value of the PSC when Covid was going and so on-----

Comment on this
John Brady An Cathaoirleach Sinn Féin

I am not questioning that. I am questioning the lawful or unlawful basis for-----

Comment on this
Mr. John McKeon

That is to be determined.

Comment on this
John Brady An Cathaoirleach Sinn Féin

Have any separate legal cases been initiated by members of the public or groups of members of the public?

Comment on this
Mr. John McKeon

There are a number of cases and they are all more or less dormant at the moment. I suspect they are awaiting the outcome of the DPC.

Comment on this
John Brady An Cathaoirleach Sinn Féin

How many legal cases are there?

Comment on this
Mr. John McKeon

I do not know the number off the top of my head but-----

Comment on this
John Brady An Cathaoirleach Sinn Féin

Mr. McKeon might forward that to the committee.

Comment on this
Ms Deirdre Shanley

It might be important to make the point that the DPC, in its latest findings, did not find any evidence or examples of any person suffering damage or loss as a result of SAFE registration. That was stated in the context of its decision this year.

Comment on this
John Brady An Cathaoirleach Sinn Féin

The findings also get into comprehensive detail of infringements in terms of the GDPR and so on. It is pretty damning.

There is a lengthy ongoing process between the Department and the Data Protection Commissioner going back to well before 2019. It is unbelievable that one arm of the State that is tasked to ensure the data protection rights of its citizens are protected and adhered to and another arm of the State that is charged with providing that safety net for some of the most vulnerable people within the State are caught up in lengthy legal processes.

Do we have a figure for the cost of the legal expenditure on behalf of the Department in challenging the rulings of the Data Protection Commission?

Comment on this
Mr. John McKeon

The initial report was in 2017. On the Deputy's general point, the Data Protection Commission has a job to do and we obviously have one to do as well. This is not unusual for the State. The Data Protection Commission is a quasi-judicial body-----

Comment on this
John Brady An Cathaoirleach Sinn Féin

Do we have a figure for the cost of the legal expenditure?

Comment on this
Mr. John McKeon

I am coming to that now. The issue is that where a quasi-judicial body makes a determination, it is not unusual for the State to appeal those decisions. We do it in planning cases and we do it in the District Court. This Department takes many appeals against decisions of the District Court, the Circuit Court and the High Court and you would expect us to do so. It is exactly the same with the Data Protection Commission.

With regard to the expense, we do not carry the cost of that. It is carried in the accounts of the Attorney General, so I do not have that information.

Comment on this
John Brady An Cathaoirleach Sinn Féin

We might follow up on that.

Comment on this
Mr. John McKeon

It is under the Chief State Solicitor's Office, which is part of the Office of the Attorney General.

Comment on this
John Brady An Cathaoirleach Sinn Féin

Okay, we will follow up separately on that.

I want to move on to another area. Auto-enrolment, which Mr. McKeon touched on, is due to come into effect on 1 January. There have been concerns regarding some private pension providers and the practice in which they are engaged in conjunction with some employers. There is nothing wrong with them selling their own products, of course, but in my view, there are some trying to undermine the auto-enrolment process and the benefits for workers.

Does the Department have concerns? What actions and measures are in place to ensure employers, in the first instance, are not trying to bypass or get out of their obligations to workers?

Comment on this
Mr. John McKeon

Absolutely, we do have a concern. As of this morning, just under 70,000 employers with about 566,000 workers have registered for the auto-enrolment scheme. The vast majority of employers are fully compliant; there is no question there. A very small number of employers, probably in conjunction with some pension providers, though I do not have any evidence for that, have enrolled employees who were not previously in their occupational scheme into a variation of their occupational scheme, where the employee was getting a contribution of just 1%. That level of contribution does not really equate to pension cover and, in our view, it was being done to try to avoid enrolment in auto-enrolment. If the employer had enrolled the staff into its existing occupational scheme, that would be perfectly valid. The purpose of auto-enrolment is to increase occupational pension coverage. Whether it is through the auto-enrolment system or private occupational schemes, we are perfectly neutral on that, once the coverage is provided. It is a very small number of employers that try to avoid it, but we have raised that-----

Comment on this
John Brady An Cathaoirleach Sinn Féin

Has the Department identified numbers at this stage?

Comment on this
Mr. John McKeon

It is a small number, a handful. I do not want to specify it at this stage because I am conscious of people being identified, but it is a handful. Nevertheless, one or two major employers are within that handful. We have asked the national automatic enrolment retirement savings authority, which is provided for in the legislation together with the Pensions Authority, to specify standards that an occupational scheme must meet in order to be exempted from auto-enrolment. We expect those standards to be published and regulated before the end of the year.

Comment on this
John Brady An Cathaoirleach Sinn Féin

It is pretty late in the day for those standards to be introduced. Was this an afterthought?

Comment on this
Mr. John McKeon

No, the reason we provided in the legislation to have the power to make these standards was specifically in case something like this happened. There are difficulties in setting standards because there are defined benefit schemes, defined contribution schemes, PRSAs and so on. We wanted to allow the time and we have been working in the interim on what a regulation, if required, would look like.

There is a compliance function. The main job of the national auto-enrolment retirement savings authority is compliance. There is a large compliance team, which will be monitoring the contributions and will contact employers that are not paying in the right amount of contribution, either into their occupational scheme or the auto-enrolment scheme. It will give those employers an opportunity to comply, and where there are bona fides and they are seen to be complying, there will not be any consequences. That will take a number of months. I do not want to frighten employers.

Comment on this
John Brady An Cathaoirleach Sinn Féin

I want to touch on two other areas regarding auto-enrolment. Obviously, there are going to be considerable amounts of money collected here over the next number of years, both from the employee and the employer. Who is responsible for the investment of those moneys?

Comment on this
Mr. John McKeon

The national auto-enrolment retirement savings authority is legally responsible for the investment of the funds and it does that through contracts it has with three investment manager firms, which were procured by competitive tender. Those three firms will be allocated the funds and asked to invest them in the best interest of the members.

Comment on this
John Brady An Cathaoirleach Sinn Féin

There is legislation in the Oireachtas on divesting from fossil fuels. Obviously, there are serious concerns as regards other money managed through the strategic investment fund regarding investing in companies operating in occupied Palestinian territories. What mechanisms or controls are in place to ensure the money is invested where due diligence is conducted such that it is not going to fund unlawful actions, be they Israeli or for fossil fuels?

Comment on this
Mr. John McKeon

There are a couple of things there. In the primary legislation, there is a requirement for ethical and social governance-type investment and that is specified in the contracts with the investment managers. Also in the legislation there is an investment committee to be set up, which will review the investment policies and give direction with regard to the investment policies of the investment managers. The investment managers are expected to comply with what is called the ESMA rating scheme, which is a rating for investment returns. Those controls are in place. The office is also subject to audit by not only the Comptroller and Auditor General but also the Pensions Authority. It is accountable to this committee and the social protection committee. There is a lot of accountability.

Comment on this
John Brady An Cathaoirleach Sinn Féin

Can Mr. McKeon give assurances that safeguards are in place such that no funding or investments will be carried out in some of those areas I outlined?

Comment on this
Mr. John McKeon

There will be no unlawful activity; that is all I can say. It is a matter for the Oireachtas to specify what is lawful and what is not.

Comment on this
John Brady An Cathaoirleach Sinn Féin

I want to move on to the 15-year contract that was given to Tata Consultancy Services to provide the administration services for the new auto-enrolment system. How did that contract come about or what kind of procurement or tender was put out?

Comment on this
Mr. John McKeon

We tendered that in compliance with the EU public procurement guidelines in 2023 and there were a number of bidders. They were assessed by an evaluation committee, which is the normal practice, including people from outside the Department. Tata was assessed to have what is called the most economically advantageous tender. Tata Consultancy Services is an Irish-registered company we have contracted with. It employs 1,600 staff, mainly in Letterkenny.

Comment on this
John Brady An Cathaoirleach Sinn Féin

What assessments in terms of human rights concerns, or ethical and reputational risks, were carried out on Tata before the contract was awarded?

Comment on this
Mr. John McKeon

The standard EU procurement rules were applied. It is an Irish registered company and is entitled to tender like every other company in the EU. Tata is a big conglomerate. Tata Consultancy Services is separately quoted on the stock exchange. It is a separate personality to the Tata conglomerate and is an Irish entity.

Comment on this
John Brady An Cathaoirleach Sinn Féin

Was the Department aware of the serious concerns expressed by human rights organisations regarding Tata's involvement in Project Nimbus? I do not know whether the witnesses know what Project Nimbus is. It finances banks in Israeli settlements. Tata is critical to the project as it provides the core digital infrastructure. Was the Department aware of Tata's involvement?

Comment on this
Mr. John McKeon

The procurement process took place in 2023, which was before the whole situation in Israel broke out with the Palestinians-----

Comment on this
John Brady An Cathaoirleach Sinn Féin

In fairness, the situation in Palestine has been going on a lot longer than 2023.

Comment on this
Mr. John McKeon

The particular report the Chair is referring to postdated the procurement. It was not part of the procurement.

The Department operates within EU procurement rules. Matters such as EU procurement rules, as well as foreign trade, investment and foreign affairs policies are set by other Departments. We operate within that. There are no grounds - and there were certainly none at the time - to exclude Tata Consultancy Services.

On a separate note-----

Comment on this
John Brady An Cathaoirleach Sinn Féin

Was the Department aware of Tata's involvement in Project Nimbus before the contract was awarded?

Comment on this
Mr. John McKeon

I was not aware of it. The evaluation committee may have been, but I certainly was not but it is not material-----

Comment on this
John Brady An Cathaoirleach Sinn Féin

Can we get a note on what process the evaluation committee used?

Comment on this
Mr. John McKeon

It was entirely in line with EU procurement rules. EU procurement rules are very strict. We do not set EU procurement rules, nor do we set Irish foreign trade, investment or employment policies. We operate within them. There are no grounds to exclude Tata Consultancy Services. To be honest, if we went down that route, none of us would have a mobile phone of because the microchips, the software and glass screens in the phones. The State has a policy of not engaging in direct trade. It would be a very long stretch to say that we should not engage with firms that trade with the Israeli Government because Microsoft, Google and Amazon would all be out.

Comment on this
John Brady An Cathaoirleach Sinn Féin

In fairness, the State has divested from companies that are on the UN database. It is a comprehensive list of businesses that are not only actively involved in the expansion of the illegal Israeli settlements in the West Bank, but also those that provide services, including core services such as those provided by Tata Consultancy Services, that enable the illegal expansion-----

Comment on this
Mr. John McKeon

I accept that. The State has divested. That is a different thing from not engaging in contracts. The committee is probably aware that the Norwegian sovereign wealth fund, which is believed to be the most ethical conscious sovereign wealth fund in Europe, has come out and publicly said that it will continue to maintain its stakes in Tata Consultancy Services, Microsoft and Google because it recognises that in a lot of those cases, if they were taken out, there would be nothing to invest in.

Comment on this
John Brady An Cathaoirleach Sinn Féin

That is up to that state. I take-----

Comment on this
Mr. John McKeon

The Norwegians set the standard.

Comment on this
John Brady An Cathaoirleach Sinn Féin

-----a completely different approach in terms of the enabling of genocide and the illegal expansion of colonial settlements. The State, including the Department, needs to divest in any-----

Comment on this
Mr. John McKeon

We are not an investor in Tata.

Comment on this
John Brady An Cathaoirleach Sinn Féin

----companies that enable genocide and that includes awarding contracts. That is another day's discussion.

Comment on this
Mr. John McKeon

There are 1,600 staff in Letterkenny. The Chair will need to consider that as well.

Comment on this
John Brady An Cathaoirleach Sinn Féin

I am going to open it up for a second round of questions. We will shorten the time to three minutes per questioner.

Comment on this

I want to go back to the Social Insurance Fund. Can Mr. McKeon tell me how much the Department has in that?

Comment on this
Mr. John McKeon

As we said earlier on, there is a balance of about €13 billion.

Comment on this

Is that for one year?

Comment on this
Mr. John McKeon

No, the accumulated surplus is about €13 billion. The surplus is between €2 billion and €3 billion this year.

Comment on this

It increased by €3.6 billion. Perhaps, I read that wrong. Will Mr. McKeon remind me what the total amount in the account is?

Comment on this
Mr. John McKeon

We expect there to be an accumulated surplus of approximately €13 billion at the end of this year. Excuse me, it is more. Is it €18 billion, Mr Egan?

Comment on this
Mr. Niall Egan

At the end of this year, our projections are showing that the surplus in the Social Insurance Fund will be about €13 billion.

Comment on this

What is the annual return on the money invested that is sitting in that pot?

Comment on this
Mr. Niall Egan

The return on the investment is the responsibility of the Minister for Finance. The fund received a return of €179 million on investment last year. The surplus was almost €9 billion at the end of 2024..

Comment on this

Was that money put back into the pot?

Comment on this
Mr. Niall Egan

It is in the account.

Comment on this

Is it returned to the Department? Is it there to be used later for people's contributions?

Comment on this
Mr. Niall Egan

It is there should it be required.

Comment on this

I want to move on to hot meals in schools. The scheme to provide hot school meals is fantastic and an important intervention. How many companies are involved in the scheme?

Comment on this
Mr. John McKeon

There are about 300 suppliers.

Comment on this

Were these suppliers awarded contracts through a procurement process?

Comment on this
Mr. John McKeon

They are procured by the schools. We provide the funding to the schools and the schools put out a tender. We provide the funding, but the procurement is a matter for the schools.

Comment on this

I have been told that a lot of the food supplied to schools in my constituency of Cavan-Monaghan is coming from big industrial food companies. I brought the issue up with the Minister as well. If local companies provided the food to schools, it would save on the refrigeration that is required when the food packages are transported down the country from the midlands. Has the Department considered that process?

Comment on this
Mr. John McKeon

It is a matter for the schools. We have encouraged them-----

Comment on this

Are small companies in each county able to apply?

Comment on this
Mr. John McKeon

Yes. Most of the 300 providers are small. There are about nine that are considered large providers and about 290 that are small, including 11 meals on wheels providers. Some of the providers are large, but most of them are small, local providers.

Comment on this

Has there ever been an investigation into the portion sizes? For example, are the portion sizes for students in junior infants the same as those for sixth class students?

Comment on this
Mr. John McKeon

That is something we are having a look at. When the scheme is introduced in a school, a one portion size fits all approach is used. We have set up a new interdepartmental group and employed a full-time dietician to look at issue. There are different arguments, and I have heard it argued both ways. For example, I have heard school secretaries on talk shows arguing it both ways and arguing with each other about whether it should be one size fits all and so on. We will take the advice of the dietician and interdepartmental group when it comes.

Comment on this

Mr. McKeon said earlier that people applying for the domiciliary care allowance have to get the relevant medical records in order. He also stated that applicants do not need to do an assessment of needs and that they will receive back pay.

Comment on this
Mr. John McKeon

Within reason at the moment. Strictly speaking, we need to provide for that in legislation. We cannot go back a year or six months.

Comment on this

How far can the Department go back?

Comment on this
Mr. John McKeon

It is in the gift of the deciding officer.

Comment on this

If a person is born and needs domiciliary care, is it not from the start of their life?

Comment on this
Mr. John McKeon

It depends on a number of factors. Generally speaking, we go back six months.

Comment on this

How does that work out? If a person needs to stay at home with their child, they will have had to do since the child was born.

Comment on this
Mr. John McKeon

If they applies immediately after their child's birth, they will get it immediately. If they wait six months, it will be backdated six months.

Comment on this

Is it backdated for just six months?

Comment on this
Mr. John McKeon

Yes, six months.

Comment on this

Six months is not adequate because a person may have been at home for the whole time since the child's birth.

Comment on this
Mr. John McKeon

If someone has been at home for the whole time, they should apply as earlier as possible, and we encourage them to do so. It is an issue we spoke to Deputy Murphy about. People should apply for it as early as possible.

Comment on this

If someone applied for domiciliary care allowance and still had not got it after two years, Mr. McKeon is saying it will only be backdated for six months.

Comment on this
Mr. John McKeon

There is a limit on how far back the Department can go.

Comment on this

There is no limit on how long a person may need to be cared for.

Comment on this
Mr. John McKeon

That is why we are looking at whether to change these rules in our spring Bill for next year. However, in legislation at the moment-----

Comment on this

The Department is going to look into it.

Comment on this
Mr. John McKeon

We are looking at it but, under current legislation, we cannot go back further than six months. That is just the reality of the situation. It would be very strange for someone who has a child who needs care to wait more than six months before claiming statutory supports. The number must be very small.

Comment on this

People who are in that situation are usually very busy. It is very hard to get the time to do applications. I will raise another issue in relation to applications. All the Department's application processes have moved online. That is very difficult for a person in a situation like that or for an older person who is not computer literate. How does somebody like that apply for any kind of benefit?

Comment on this
Mr. John McKeon

The line we use in the Department is "digital by desire". We do not say "digital by default" or "digital by design". We can be contacted by post, by telephone, in person or online. People are overwhelmingly choosing the online option but all of the other channels remain and can be used. People can walk into an Intreo centre or a citizens advice centre with their form and they will be dealt with.

Comment on this

I thank Mr. McKeon for answering my questions.

Comment on this

I thank all of the witnesses for staying on. I want to tease out a little further the issue of the controlled surveys and what they indicate. I suspect anyone tuning into this hearing will be surprised to hear that, when extrapolated from the controlled surveys, indicative fraud is effectively ten times greater than the suspected fraud identified by the Department. It is €200 million versus €24 million. I hear what the witnesses have said about where Ireland is vis-à-vis other jurisdictions. They have said that we compare well. However, what do they say to the ordinary person on the street who is hearing about €200 million in social welfare fraud? It is a real societal issue. Does it even matter if that societal issue exists in other European countries? If there are people defrauding the social welfare system, potentially to the value of €200 million a year, it is a serious issue of public concern. Does the Department accept that?

Comment on this
Mr. John McKeon

The figure is certainly material. That is why the Comptroller and Auditor General references it as such. Of the roughly 7,000 staff in the Department, just over 1,000 are in control activities. This year, we will do 775,000 control reviews. In some cases, those reviews will identify overpayments and those overpayments will then be pursued. I believe the Deputy was out of the room when Ms Shanley explained that, in most cases, the overpayments involved are very small. The average per person is less than €1,000, which is generally a week or two of payments. That very often arises where people go back to work and their payment is stopped on the first day they are back in work. They know they are not going to get paid for a month or two weeks. This is the level we are talking about. It is a very large number of very small payments.

Comment on this

Do the control surveys the Department carry out detect trends of fraud at a more serious level, rather than the type Mr. McKeon has described?

Comment on this
Mr. John McKeon

As part of our work, we have a full-time team of people doing business analytics. They identify trends, which are then targeted for control. We have a special investigations unit, which includes 20 gardaí and about 30 of our staff.

Comment on this

Have those trends changed over recent years in terms of the types of social welfare fraud that have been perpetrated and come up in these control surveys? Has that forced the Department to change or move?

Comment on this
Mr. John McKeon

A big area of fraud that has reduced over the past 15 years is identity fraud. That is now practically non-existent. That is down to the public services card, which a Deputy raised. Identity fraud has been virtually eliminated. Other than that, the main issue is people not disclosing their means. There is a high bar to reach to classify that as fraud. Under legislation, to classify it as fraud, we have to be satisfied that the person deliberately and knowingly failed to disclose a change in their circumstances. That is quite a high bar to reach. If you get an extra day's work, that might or might not impact your entitlement and you therefore have to tell the Department. Proving that somebody forgot to tell the Department as opposed to deliberately choosing not to is very difficult.

Comment on this

When it comes to the serious level of fraud, is it individuals or are there examples of groups perpetrating co-ordinated acts of fraud against the Department to obtain payments they have no entitlement to?

Comment on this
Mr. John McKeon

Generally speaking, it is not groups. Some groups deliberately sought to defraud the PUP scheme. As I explained earlier, in order to get 880,000 payments out very quickly, within a week, we had to relax some of our control efforts and some groups did try to take advantage of that.

Comment on this

It is not a current trend in our ordinary payments, however.

Comment on this
Mr. John McKeon

It is not a trend. We have also identified those groups and, with our Garda colleagues in the special investigations unit, we have prosecuted them. Some have been put in prison.

Comment on this

Is it fair to say that serious issues of fraud relate to individual cases? Are the perpetrators part of criminal networks rather than these frauds being perpetrated by groups?

Comment on this
Mr. John McKeon

They are individual cases. The Deputy can see the figures in our analysis. The average overpayment value is €1,000 while the average fraud value is €4,000 or thereabouts.

Comment on this

I take Mr. McKeon's point on the smaller amounts. I am more interested in the serious cases.

Comment on this
Mr. John McKeon

The serious frauds in the past tended to relate to identity. Such cases ran well into six figures. A number of frauds have been successfully prosecuted using the facial matching service associated with the public services card.

Comment on this

If we have eliminated identity fraud, why have some figures relating to detected fraud increased over the past five years? Is that just related to an increased population? Does it relate to the amount being spent?

Comment on this
Mr. John McKeon

The Department's business is 30% to 50% higher. As a proportion, the amount of fraud is probably falling. The reality is that we are now spending close to €30 billion a year. When I joined the Department, the figure was about €14 billion. It has more than doubled in that period.

Comment on this

I will come back in on a topic that I raised earlier. Is there income testing on people in accommodation and those outside accommodation? Are they all tested in the same way?

Comment on this
Mr. John McKeon

Anyone who is in receipt of the daily expense allowance or who is the beneficiary of a temporary protection payment is income tested. It is not a question of where they live but a question of the payment they are on.

Comment on this

Was that income test put in at the same time? Was it also introduced in June or July of last year or was it later?

Comment on this
Ms Teresa Leonard

The Department of justice, which is responsible for integration, designated particular accommodations as designated accommodations. People resident in those designated accommodations were paid at a reduced rate but they were also income tested. Their payments went down to the same rate as the daily expense allowance and they were subsequently income tested, which could have meant the elimination of their payment or a reduction in it.

Comment on this

What were the savings from this income testing? Did Mr. McKeon say something about 12,000 payments?

Comment on this
Mr. John McKeon

Between 12,000 and 13,000 payments were stopped.

Comment on this

What is the total annual value of that?

Comment on this
Mr. John McKeon

If you take 10,000 at €40 a week, you are looking at €4 million. If you multiply that by 52, you are looking at roughly €200 million, if I have done my arithmetic right. I ask Mr. McCarthy whether I have done that right.

Comment on this
Mr. Seamus McCarthy

It was actually on another point that I wanted to come in. My understanding at the time we completed the report's chapter on regularity was that the Department had not yet introduced income testing for international protection applicants who were unaccommodated and who were on waiting lists for IPAS.

Comment on this
Ms Teresa Leonard

We introduced income testing for the unaccommodated in the past number of months.

Comment on this

That was my question.

Comment on this
Ms Teresa Leonard

I did not realise that.

Comment on this

My question was whether it was introduced last June.

Comment on this
Mr. John McKeon

It has been in place since September.

Comment on this

It is fairly recent.

Comment on this
Ms Teresa Leonard

To clarify, those in designated accommodations have been tested for the past while. In the past month or month and a half, we have also started income testing those who are unaccommodated by IPAS.

Comment on this

That was my question.

Comment on this
Ms Teresa Leonard

I am sorry; I did not get that.

Comment on this

That is the answer. That is perfect.

Comment on this
Mr. John McKeon

I had an extra zero on my figure earlier on.

Comment on this

I know Mr. McKeon did. Do not worry.

Comment on this
Mr. John McKeon

It is about €20 million.

Comment on this

It was a good headline.

Comment on this
Mr. John McKeon

It is as well that I stop that headline. It is about €20 million and not €200 million.

Comment on this

A sum of €20 million is still significant, notwithstanding that €200 million is obviously a bigger number. What has been the impact of income testing in the past month and a half? Has the Department seen anything coming out of it?

Comment on this
Ms Teresa Leonard

There are 1,600 people who are currently unaccommodated. We have not got figures back on the testing yet because it is just newly implemented.

Comment on this

That is fine. It can probably be teased out for next year.

Comment on this
Ms Teresa Leonard

It will be, yes.

Comment on this

On another topic, do a number of staff in the Department get overtime? If so, who are they? What overtime do they do? What is their average salary? What percentage of their salaries is overtime?

Comment on this
Mr. John McKeon

In terms of staffing, the average salary in the Department is approximately €52,000. I do not have the breakdown between overtime and base pay. There is a certain amount of overtime in the Department. In general, it is by clerical officer and executive officer staff who are involved in claims processing because we are conscious to maintain the turnaround of claims so that they are decided quickly and paid out quickly.

Comment on this

I have nothing against overtime in general. It is obviously a good thing if people are willing to undertake overtime to get things done quicker. Do some people earn overtime of between €24,000, €38,000 or €40,000?

Comment on this
Mr. John McKeon

They definitely include payments staff. At that staff, it would mainly be some IT staff and what we call our service officer staff because service officers and security staff open offices at 7 a.m. and do not close them until late in the evening, so those staff will accumulate overtime every day as a consequence.

Comment on this

Is overtime part of their salary?

Comment on this
Mr. John McKeon

Regarding lots of those staff, we would not be able to survive without the use of overtime.

Comment on this

I have no problem with the concept of overtime but in this case it seems counter-intuitive to think-----

Comment on this
Mr. John McKeon

I do not know, Deputy. This will be fairly common in most large organisations. There are certain jobs that, by definition, are not a two-person job but one plus a bit and overtime is used for the "plus a bit". That is the nature of the type of work if one is a service officer. We have some IT areas where we want to have staff available and on call 24 hours a day.

Comment on this

Overtime of €38,000 is a lot of money. Does it amount to nearly 100% of their salary?

Comment on this
Mr. Seamus McCarthy

The €38,000 would be all overtime and allowances. If the Deputy looks at the figures given in note 5.3, he will see that there are 76 staff members who would have €10,000 or more in 2024 in overtime.

Comment on this
Mr. Seamus McCarthy

It is a relatively small number but quite substantial figures in those cases.

Comment on this

The percentage skews things. Is the rate of overtime double time, time and a half or time and a quarter?

Comment on this
Mr. John McKeon

The first few hours are paid at a rate of time and a quarter, next it is time and a half and then it is double time for Sundays. It would mainly be time and a quarter and time and a half, Deputy. Again, it is a small number of staff who do this work.

Comment on this

I know. There is just a significant level of individual payments. I have no problem with it.

Comment on this
Mr. John McKeon

By and large, those individuals are on the lower end of salaries within the Department. They are more junior grade staff.

Comment on this

I was asking more about the methodology to ensure that the Department had controls in place.

Deputy Geoghegan mentioned fraud quite a lot and the Secretary General said that identity fraud had really decreased. What is the most type of fraud?

Comment on this
Mr. John McKeon

It would be the non-disclosure of means for means-tested payments. For example, people might have received an inheritance and decided not to tell the Department. The inheritance would have put them over the threshold and it is very clear that it is a large inheritance that they should have told us about. It is that kind of thing.

Comment on this

So, not the stereotypical case where somebody has passed away or is not entitled to something.

Comment on this
Mr. John McKeon

I will put it like this: I would be more concerned about pensioners than I would about jobseekers.

Comment on this

Obviously, direct payments into bank accounts is the way things are done now. Do the bank accounts have to be designated anywhere in particular or how does that work? Have the likes of Revolut changed the game for the Department from a financial systems perspective?

Comment on this
Mr. John McKeon

Not particularly. Most of our jobseeker's payments are paid in post offices. About 30% of our payments are made in post offices, so people must turn up in person to collect them.

Comment on this

I am not necessarily talking about jobseekers. I do not really want to focus on them.

Comment on this
Mr. John McKeon

No, I am just saying across all our schemes----

Comment on this

I do not want to seem like I am focusing on jobseekers.

Comment on this
Mr. John McKeon

Across all our schemes, about 30% of payments are collected in post offices and the remaining 70% are paid into bank accounts. Money can be paid into any EU-registered bank account. Revolut is authorised and licensed by the Central Bank.

Comment on this

I am just concerned about the fluid nature of our modern financial system. I am not against any individual-----

Comment on this
Mr. John McKeon

We do matches with Revenue on the deposit interest retention tax. Mind, with deposit rates the way they are, that does not give us a lot of information right now. If interest rates were to rise again, though, it might be a valuable source of intelligence. At the moment, though, it is not great.

Comment on this

It is a grey area.

Comment on this
Mr. John McKeon

What does the Deputy mean by "a grey area"?

Comment on this

It is an unknown as regards the bank accounts.

Comment on this
Mr. John McKeon

No. We know the bank account a payment is paid into and we can get information on the deposit interest that is paid on those bank accounts to tell us how much is in them. The deposit interest does not reveal a lot at the moment because interest rates are so low. We know exactly where the money is going, Deputy.

Comment on this

Does the Department know where the person is as opposed to where the bank account is? They are two different things.

Comment on this
Mr. John McKeon

They are different things.

Comment on this

I care more about where the person is and not where the bank account is, if Mr. McKeon does not mind me saying so.

Comment on this
Mr. John McKeon

When we are doing the initial claim assessments and reviews, we look for copies of bank statements. In the past, the evidence pointed out that it might be the case with jobseeker's payments that people were outside the State, which is why it was not prevalent in our control surveys on other payments. With jobseeker's payments, that is why we insist on collection in post offices. That is the same for the daily expense allowance and the beneficiary of temporary protection payment. They must be collected in post offices.

Comment on this

I thank the Cathaoirleach for his forbearance.

Comment on this
John Brady An Cathaoirleach Sinn Féin

I have a few concluding questions. I have an interest in the issue of bogus self-employment. It is an issue that this committee will return to in the new year. Last week, the committee met representatives of the Revenue Commissioners, who confirmed that employment status must now be determined uniformly for tax and PRSI purposes under the Karshan judgment. Will Mr. McKeon confirm whether the Department applies the same Karshan test in its determinations under section 300 of the Social Welfare Consolidation Act?

Comment on this
Mr. John McKeon

We do. There is a code of practice for the determination of employment status. The Department took the lead on writing the code, together with Revenue and the Department of Enterprise, Tourism and Employment. That code was revised after the Karshan test and we apply it in the Department.

In the first instance, most of the classification is done by Revenue because it is the collection agent. In any cases where a worker or an employer comes to our Department seeking clarification, we apply the test as set out in the code of practice, which is Karshan. We also have a full-time cadre of 18 inspectors who do proactive investigations in cases where we believe that maybe the right social insurance has not been properly declared to Revenue.

Comment on this
John Brady An Cathaoirleach Sinn Féin

How many insurable reviews or reclassifications has the Department carried out since the Karshan judgment to ensure compliance?

Comment on this
Mr. John McKeon

If we are coming back in again, we can bring that information. Perhaps Ms Shanley has the information to hand.

Comment on this
Ms Deirdre Shanley

We have a graduated approach to employer inspections. In 2024, we did 4,926 inspections but we also did 15,600 PRSI reviews. For 2025 up to the end of October, we have done 4,700 investigations or inspections and 11,000 PRSI reviews. The PRSI reviews are on the basis of an individual employee's insurance record, whereas the inspections are face-to-face engagement with the employer about a broader range of PRSI and compliance.

Comment on this
John Brady An Cathaoirleach Sinn Féin

I thank Ms Shanley. Does the Department now accept that, under Karshan, employment status must be determined individually and not by group, class or precedent?

Comment on this
Mr. John McKeon

That was always the case. Some people have argued that it was not but it was always the case.

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John Brady An Cathaoirleach Sinn Féin

Has anybody taken issue with that?

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Mr. John McKeon

It is an issue that has been raised here. Since I have been Secretary General, which is eight years, the issue has been raised every year and different committees in these Houses have examined the matter. The Comptroller and Auditor General has, I think, done three chapters on it. Everyone who has examined the matter has found that the cases are examined individually.

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John Brady An Cathaoirleach Sinn Féin

I want to discuss the PRSI classification of members of the Reserve Defence Force. As some members of the Reserve Defence Force work a considerable number of days, in some cases from 80 to over 200 days, of structured service throughout the year, there are serious concerns about the categorisation of their PRSI. Does the Department accept that, under its own guidance for determining employment status, members of the Reserve Defence Force meet the threshold for classification as employees, as in many cases that were demonstrated at a recent hearing by the Workplace Relations Commission, WRC, which found the Department of Defence to be in breach of the Payment of Wages Act?

Comment on this
Mr. John McKeon

I do not have an answer for the Chair on that. I will come back and have a look at it. Generally, as set out in the law, Defence Forces staff are classified as class H, not class A or class S. Class S is generally self-employed and other sources of investment income. Class A is most employment income. Class H is a specific one used for the Defence Forces, which is set out in the law. I will need to check the position with regard to the Reserve Defence Force.

Three bodies look at employment status. The WRC looks at it from an employment law perspective. Revenue looks at it from a tax perspective. We look at it with regard to social insurance law. It is not necessarily the case that self-employment is determinant of class S. Other factors are determinant of class S too.

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Ms Deirdre Shanley

We have looked at the Reserve Defence Force from the point of view of the PRSI classification. There is a specific requirement that its members would have worked more than a certain number of consecutive days. Although they may have worked, as the Chair said, 80 days, they are not consecutive days, so the members do not fall into the classification as an employee for PRSI purposes. We looked at an individual case recently and they had not been found to be employees from the point of view of PRSI classification.

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John Brady An Cathaoirleach Sinn Féin

Over a period of time from 2020 on, over 180 members of the Reserve Defence Force have been identified as working 80 days or more and would meet that criteria. What analysis has been carried out?

Comment on this
Ms Deirdre Shanley

We have looked at individuals who have approached the Department. The decision has been that they have not met the criteria of being employees from the point of view of the PRSI classification. As the Secretary General said, the WRC looks at classification of employment from its own perspective and under the legislation that it has, and the Department looks at classification from the point of view of PRSI and the criteria applied to the Reserve Defence Force. Those we have examined so far have not met the criteria of employment.

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John Brady An Cathaoirleach Sinn Féin

How many cases has the Department examined?

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Ms Deirdre Shanley

I do not have the number of cases but I know we looked at it recently.

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John Brady An Cathaoirleach Sinn Féin

It is an issue that I will be returning to in the new year. We will have questions to put to the Department before that engagement, I imagine.

Comment on this
Mr. John McKeon

On the Reserve Defence Force generally, the Chair asked a question about individuals versus a group, and as I said, we use individuals. We look at every individual. We would not say that because John McKeon is a member of the Reserve Defence Force and is a particular class, it would automatically follow that the next member also is. We look at them individually. By and large, members of the Reserve Defence Force are probably classified as either class A or class S through employment. There is no actual extra benefit to them. The benefit that they would get from their other classification is one contribution a week, regardless. They could have two employments but it is still only one week. If you are class A and in employment or class S in self-employment, you do not get any extra benefit from the social insurance system by being a member of the Reserve Defence Force, because you have already got your benefits. Their main interest, as I understand it, was the employment rights issue, holiday pay and things like that, which is not within our gift.

Comment on this
John Brady An Cathaoirleach Sinn Féin

There are certainly issues there but there is a loss to the Department in those PRSI contributions, in this case, from the Department of Defence.

Comment on this
Mr. John McKeon

I am just talking from the point of view of the individual.

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John Brady An Cathaoirleach Sinn Féin

There are considerable losses to the individual in the areas that Mr. McKeon outlined.

Comment on this
Mr. John McKeon

In employment rights, but that is not a matter for us. It is for the WRC.

Comment on this

Mr. McKeon mentioned in response to my colleague, Deputy Neville, that he would be more concerned about pensioners than jobseekers on the issue of fraud. He explained that notification of means was the big issue. In a pensioner scenario, everyone, if they have done their PRSI contributions, irrespective of means, has an entitlement to a pension. Are these people who are claiming a pension people who maybe do not live in Ireland, or what is it?

Comment on this
Mr. John McKeon

No. The main issue with pensioners - I will not exaggerate it, since the level of fraud is relatively low - is that when talking about older people in society, traditionally, society had husband-wife relationships where the wife would be a qualified adult on the husband's claim and the qualified adult payment was means-tested. In those situations, I could be claiming for my wife as a qualified adult when my means would actually mean she would not be eligible. That is the issue that arises. Generally speaking, we discover this when somebody dies. It is obvious to us that, in those cases, they are well aware of those assets but chose not to disclose them.

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Ms Teresa Leonard

Deputy Kenny asked us about two branch offices. To update him, we should be processing cases in six months. Both have had permanent contracts in place for five years now.

Comment on this
John Brady An Cathaoirleach Sinn Féin

The witnesses might provide us with a note to that effect, since Deputy Kenny is absent. I thank Ms Leonard.

That concludes our engagement. I thank the Secretary General and officials from the Department of Social Protection for attending our meeting. I thank the officials from the Office of the Revenue Commissioners, the Department of public expenditure and reform and the Office of the Comptroller and Auditor General for their attendance. Is it agreed that the clerk seek any follow-up information and carry out any agreed actions arising from the meeting? Agreed.

The committee's next meeting is on Thursday, 15 January 2026, when we will engage with officials from the National Transport Authority, NTA.

Before we conclude, I wish everyone a happy Christmas and look forward to engaging with them and other bodies in the new year.

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