Deducting dole fraud repayments from child benefit 'is unacceptable'

A judge has said it was not acceptable for the Department of Employment Affairs and Social Protection to recover dole fraud money from children’s allowance payments.

Jelena Curlukova, aged 46, with an address at Finnstown Shopping Centre, Lucan, Dublin, was accused of making a statement that she met the condition for getting the Jobseeker’s Allowance application when in fact her husband was self-employed.

At the Dublin District Court, Judge Anthony Halpin was told the woman got €6,834 and following the repayments she made so far some €4,854 was outstanding. The repayments were deducted from her child benefit payments.

However, Judge Halpin told prosecution solicitors he had a difficulty with the Department of Employment and Social Affairs accepting repayments out of child benefit and he felt it was unacceptable.

That money was for the benefit of children who could end up being deprived, he said.

Deducting it from children meant they were going to suffer and he could not stand over it, he said. He also cited changes to the Constitution from the children’s rights referendum.

The case was adjourned until November for a plea and mitigation.

The charge was under the Social Welfare Consolidation Act.

In the district court, the offence can result in a fine of up to €2,500 and a possible six-month sentence in addition to having to repay the social welfare authorities.

The court can only consider leaving defendants guilty of benefit fraud without a criminal record if all the money has been repaid.

The social welfare authorities also have a mechanism to continue to recoup owed money even after a case has been finalised.