Mother fights €21k welfare repayment order

A mother of two has launched a High Court challenge against what she claims is an unlawful demand by the Minister for Social Protection for repayment of money allegedly overpaid to her.

The action has been brought by Mary O’Brien who, in 2014, received a demand from the Department of Social Protection for the repayment of €21,635 she was allegedly overpaid between 2012 and 2014.

She disputed the claim, and successfully appealed the decision to the Social Welfare Appeals Office.

Then a second demand was issued, alleging she still owed the department €8,978 in overpayments for the same period.

Ms O’Brien disputes the claims for repayment and has launched High Court action against the Minister for Social Protection, Joan Burton.

Ms O’Brien, from Lissadel Drive, Drimnagh, Dublin 12, seeks orders quashing the minister’s decision.

She also seeks an order directing the minister to comply with the decisions of the Social Welfare Appeals Office of April 30, 2015.

The nature of the alleged overpayment was that she received one parent family payment at the same time as receiving payments on a community employment Scheme.

The officer who heard the case found Ms O’Brien to be “sincere”, and that her explanation in relation to the various issues was “both credible and acceptable”.

Her lawyers told the High Court that the minister was currently deducting €15 per week from her payments, despite the fact she has again lodged an appeal.

The court heard she cannot afford to pay all her bills as they fall due and the demand for repayment has caused her serious anxiety and stress.

Permission to bring the challenge was granted, on an ex-parte basis, by Ms Justice Carmel Stewart.

Judge Stewart then adjourned the matter to a date in October.