Social Welfare Appeal G0078

The case concerns an overpayment of the One Parent Family Payment (OPFP).

The Appellant was awarded the OPFP in 1995 (or Lone Parent’s Allowance as it then was), following separation from her husband. From 1996-1999 the Appellant worked on a Community Employment (CE) scheme. In August, 1999, the Appellant commenced full time employment.  The DSP were not aware of this change in her circumstances until an investigation into her claim was carried out in 2003. A revised decision was issued in 2004 (the 2004 Decision) in accordance with sections 248 and 249 of the Social Welfare Consolidation Act 1993 (the 1993 Act).[1] The DSP asserted that the Appellant’s means exceeded the relevant statutory limit during the period April 1999 to August 2003; that is, due to the increase in her income, the Appellant ceased to be entitled to the OPFP. As a consequence of this revised decision, an overpayment in the amount of €20,153.56 was assessed as a debt due to be repaid to the DSP.  The Appellant did not appeal the 2004 Decision or make any repayment in respect of her debt liability.