Social Welfare Appeal G0090

This case concerns a revised decision by a Deciding Officer (DO), whereby it was asserted that the Appellant was overpaid Jobseekers Allowance (JA) from 2012 to the date of discovery in 2015.  The Appellant was assessed as having retrospectively derived means from her husband’s earnings, earnings that were not disclosed to the Department of Social Protection (the Department) throughout the period at issue.  As a consequence of this revised decision, it was asserted that the Appellant was liable to repay to the Department the sum of €36,584.

On appeal, the Appellant asserted that though married, she was estranged from her husband. With respect to her husband’s earnings, it was the Appellant’s position that she was unaware of his changed circumstances as she and her spouse live separate and independent lives.