Statute of Limitations -Government Dept.

T

Tintagel

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It would appear that a family member may have been collecting a pension for his wife that she may not have been entitled to. This has to be investigated further by the rest of us and has come as a complete shock as we are now left to tidy up the mess. This persons wife is dead over 10 years at this stage.
Another family member has said that there is a statute of limitations of 6 years so the Department of Social Welfare cannot do anything about this even if it was true.
I would be of the opinion that there is no statute of limitations on what the Dept. of Social Welfare can do. Is this correct?
 
Well with Revenue where there is fraud involved there is no time limit as far as I'm aware.
 
There is a time limit to collect the money, 6 years as with any debt.

There is however no time limit to prosecute for fraud etc.
 
The 6 year limit applies to Civil Proceedings for Estate cases.

This situation may arise if a person in receipt of a means-tested SW payment had not disclosed means which are discovered after their death, an overpayment has arisen and the Estate assets have been distributed so the Dept cannot make a claim from the Estate.

If the Department decide to initiate civil proceedings, they must do so within 6 years of receipt of the Schedule of Assets.

More information on overpayment recovery can be found here:
http://www.welfare.ie/en/Pages/Over...idelines-on-the-Recovery-of-Debt-by.aspx#app1
 
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