A district judge has questioned the manner in which the Department of Social, Community and Family Affairs handles prosecutions against those who withhold information relating to social welfare payments.
Judge John Neilan yesterday criticised the department and the Minister for entering into agreements with people for the repayment of money before their cases had come to court.
He was speaking at Tullamore District Court, where Offaly man Thomas Kelly (45) had admitted receiving €23,547 in a contributory widower's pension even though he had remarried in June 2001 following the death of his first wife in 1995.
Kelly admitted failing to notify the Minister of the changes in his circumstances and to continuing to claim the pension.
The court was told by Donal Farrelly, solicitor for the defendant, that he had entered into an arrangement to pay back €100 a month after remortgaging his house.
The judge said that people seemed to think that government departments had an endless open fund for all sorts of fraudsters. He added that the Minister risked encouraging such activity by entering into repayment agreements.
Judge Neilan said he could not administer justice while such agreements were being arranged and he urged the department to process such cases in the civil courts if they only wished to recover money.
The penalty for the offence before the court was six months in prison and he asked if the department's policy was another example of maladministration.
Judge Neilan adjourned the case to June 22nd next and ordered a witness for the department, Peter Leonard, to ask the secretary-general of the department if he was serious about such prosecutions.