Huge rise in social welfare fraud cases

ON average a criminal prosecution a day has taken place in the courts this year for social welfare fraud.

Figures released by the Department of Social Affairs show 334 criminal cases had been finalised in court up to the end of November – an average of one a day.

The figures also show that the number of prosecutions this year has risen by almost 68% when compared with the start of the decade.

In 2000, 199 cases were finalised in court. The 334 cases finalised up to the end of November this year represent a 67.8% increase on that figure.

A detailed breakdown of the cases finalised to date this year is not yet available.

However, a breakdown for last year, when 324 prosecutions were finalised in the courts, gives an indication of the type of outcomes in such cases.

The breakdown shows that of these cases, two people were imprisoned, 19 received suspended sentences, 208 were fined, nine received community service and 45 received the Probation Act.

In the remaining 50 prosecutions, those involved were bound to the peace or the cases were “adjourned with liberty to re-enter” – essentially meaning the judges chose to adjourn the case to monitor the recovery of the debt arising from the fraud.

Speaking of the cases finalised in court so far this year, the department said: “People have been instructed to repay the money and fined or given prison sentences. Under new legislation currently progressing through the Oireachtas, fines will be increased to €2,500 per offence.”

The department said it was policy to consider for prosecution “all cases” of fraud and abuse of the social welfare system.

According to the department, a number of factors are taken into account in deciding whether a criminal prosecution should be taken. These include the duration of the fraud, the monetary value of the fraud, the earnings received by the individual during the period of the offence, and whether the individual is a first-time or habitual offender.

“In all criminal prosecutions it is the offence that is the subject of the prosecution. The recovery of the overpayment is a matter for the department,” it added.

“The judges in almost all cases want to know the amount of the overpayment as a result of the fraud and will adjourn the case to monitor the repayment of the debt. The Probation Act can only be applied where the debt has been paid.”