asked the Minister for Social Welfare why her Department are seeking to reclaim further unemployment benefit moneys of £515.70 from a person (details supplied) in County Galway in respect of whom the court decided that £994.20, which was the sum originally sought by the Department, should be repaid, in view of the fact that this further claim was not included in her Department's original claim; and if she will make a statement on the matter.

The person concerned was discovered to have been working while at the same time drawing unemployment benefit between May 1977 and August 1978, during which time he received unemployment benefit amounting to £1,434.17 to which he was not entitled. A deciding officer disallowed his claim and made a statutory decision to the effect that this sum was due to be refunded by the person concerned on foot of the benefit obtained fraudulently and he was requested to refund the amount in full.

In view of the seriousness of the offence he was prosecuted under the penalty provisions of the Social Welfare Acts and convicted. For technical reasons he was not prosecuted in respect of the entire period over which the offence took place and, accordingly, the amount of benefit mentioned in the charge, namely £944.20, related only to the days in respect of which he was being charged. While he has refunded this amount, the balance of the total amount fraudulently obtained is still due to be refunded under the Acts. He has, therefore, been asked to repay the amount still outstanding and has been given the option of doing so by instalments if necessary.

In the event that the individual in this case will not pay the money, will the Minister tell the House what steps the Department will take?

As it is not possible to reopen legal proceedings, the Department will continue to seek and request the money. Should the person become entitled to further benefits, deductions will be taken.

Will the Minister say if it is the practice of the Department to take legal action against people who have overdrawn social welfare benefits?

As far as I can gather it is the practice that where there is a serious case of fraud the case is pursued in the courts.

Will the Minister state if the Department are successful in pursuing their claims?

That is a separate question.

It is related to the question.

I do not have any statistics with regard to this matter. In this case, clearly the Department were successful to recoup a partial amount and perhaps they may recoup further amounts. The problem occurred with the need to have precise and detailed information but information for all the months involved was not available. The fraud amounted to £1,400. The Department have managed to recoup £940 and they will continue to seek the remainder. As I have said, if this individual claims benefit in the future, at that point some of the money lost through fraud may be recouped.

Will the Minister not agree that the previous Government set up a special investigation unit to pursue such cases and that the unit in the Department of Social Welfare have had a fairly good measure of success and have developed considerably?

The existence of such a unit is useful in terms of pursuing all frauds which are, of course, against the spirit of the system and damage beneficiaries as well as the system.

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