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Gov will not write off benefit overpayments arising from system errors

Gov will not write off benefit overpayments arising from system errors

Wednesday 22 November 2023

Gov will not write off benefit overpayments arising from system errors

Wednesday 22 November 2023


The Minister responsible for Social Security has rejected a recommendation to write off benefit overpayments arising from errors made by her department, claiming that it would be unfair.

Last month, the Health and Social Security Scrutiny Panel identified 45 key findings and 26 recommendations as part of a review into the overpayment of Income Support benefits.

The 71-page report exposed how as many as one-in-five people on Income Support are being chased to give back overpayments – many of which resulting from errors made by the Government department responsible for handing them out.

It also shed light on the significant toll the situation has been having on islanders' mental health, with the impact "so severe in some cases that individuals have considered or attempted to take their own lives".

However, Social Security Minister Elaine Millar yesterday confirmed that she is only accepting three of the report's 26 recommendations.

"We are only acting on the ones that we know can make a positive improvement," she said.

"It’s important that we only commit to actions that we know are deliverable and will maintain the fairness and integrity of the benefits system."

As part of 26 recommendations, the panel suggested any overpayments made due to an error on the Government's part should be written off, but the Minister has rejected this recommendation.

Deputy Millar said: "To introduce a policy of writing off additional benefit payments would increase the cost of Income Support to the taxpayer and would not be fair on other benefit claimants who have received the correct amount of benefit.

"Without an increase in funding allocation, this proposal could lead to benefit rates being reduced to maintain spending within budget."

The three recommendations which have been accepted are:

  • Recommendation 2: The Minister for Social Security should ensure that the communication that notifies a claimant about an overpayment, which has occurred as a result of departmental errors, includes an acknowledgement of error and apology. This should be considered during the Minister’s wider review of Customer and Local Services communications.

  • Recommendation 18: The Minister for Social Security should review Determining Officers’ application of internal guidance regarding interdependent relationships and ensure that both the Law and guidance are applied consistently.

  • Recommendation 25: The Minister for Social Security must ensure that due attention is given to introducing the use of Easy- Read documents within Customer and Local Services to help benefit those with disabilities or those whose first language is not English.

St Helier Deputy Catherine Curtis described the Social Security Minister's response to the review as "disappointing" on social media last night.

She specifically criticised the fact that the recommendations about children's welfare were not accepted.

Deputy Curtis said: "St Helier deputies spend lots of time dealing with these problems.

"I have never seen evidence of children’s welfare being considered."

The Health and Social Security Scrutiny Panel are set to meet tomorrow to consider Deputy Millar's response.

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