Spouses’ welfare claims cut after partners were overpaid

Hundreds of spouses had welfare claims cut after authorities found their partners were overpaid by the Department of Social Protection.

Department officials are withdrawing money due to the claimants, citing debts owed by their partner or spouse.

Letters seen by the Irish Examiner reveal family income supplement (FIS) amounts have been docked from people whose partners owe the department money.

In 212 cases so far this year, partners have had payments reduced, figures from the department reveal.

Another 50 partners or spouses were targeted in a bid to claw back debts last year.

FIS is a weekly tax-free payment available to low- paid workers with children.

Payments depend on the claimants’ work income and the number of children they have. The claimant must also be working a minimum of 19 hours per week.

A working mother-of- three on the minimum wage can claim over €220 per week while a mother-of- one can claim over €100.

Some 29,000 families received the supplement last year.

Authorities are cutting payments for other welfare supplements too where a spouse or partner owes money, it was confirmed.

But some challenged cases were overturned and there is concern among lawyers that the department may be overstepping its mark by targeting partners.

One lawyer for a couple, told the Irish Examiner: “The legislation does not give the legal authority to recovery monies owed by a spouse.

“It seems now that it is official policy that the family are being held liable for the debt of the individual.”

Letters tell FIS claimants they have been awarded amounts. But officials add: “However, according to the records of the department your spouse/ partner has an outstanding overpayment as follows…”

The department stands over the payment cuts from partners, citing recently changed legislation. It says it is “fully committed to recovering 100% of all overpayments”.

The letter to partners warning of cuts because of a spouse’s debt add: “It is proposed to recover the balance of this sum by weekly reductions from your FIS payment.”

The department says it does not dock amounts due to partner debts from child benefit and bereavement related claims.

A statement from the department added: “Debt holders should be aware that a Department of Social Protection debt will remain on their records until fully recovered.

“This will result in a reduction of all future entitlements up to and including state pension and, following the death of a customer who owes a debt, a potential claim on any estate remaining.”