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Am i in trouble???

  • 24-02-2011 11:24am
    #1
    Closed Accounts Posts: 5


    hi there, first of all i am a foreign person, so sorry for any gramma mistakes..
    anyways, i want to tell you the situation i have it in now
    i was unemloyed for couple of months and on the dole, and one day found a part time job. so i went for the interview, and spoke with one of the managers, the deal was, working 3 days for 8 hours but a bit far to travel for me, or 4 days 6 hours but closer , in to which i happily decided to go for(4days-6 hours a day).. also manager told me,they in some relation with social welfare, so ill be able to receive the wadges from work and some from social welfare, so i think well ok, they working with social so theres everything ok, also the manager tolled me no matter how many days or which days you will work, always wright on a social welfare docked you worked monday tuesday wendsday like 3 days,so i said ok no problem, signed the contract and in couple of days ive started to work...
    worked for a half a year for them, and suddenly they started retiring everyone due to lack of work. so i went back to social and said im fired, and want to apply for the alowance/benefit in full again, they said ok, and gave me a form, which i had to send to my employer, saying to fill up all the days i worked and the money ive earned bla bla bla..
    so ive posted that form to my previous employer. Week later, ive received it back, was i shocked to see what my employer filled, they filled, that most of the weeks that i worked were monday tuesday wensday and thursday, straight away ive called them and asked what the f... to which they sayed, that we have to put another day for you to match the sallary, and dont worry everything ok, the social welfare will count the money and days you worked, and all will be fine
    but something tells me, that it wont be ok, as i was filling for social, that i worked 3 days(like my employer told me), and my employer filled that i worked 4 days which i actually did, but payment was only for 24 hours
    so theres a question, am i in trouble now? what shall i do, or leave it like is, and see whats going to happend, im not yet returned the form to social welfare


Comments

  • Registered Users, Registered Users 2 Posts: 271 ✭✭AvaKinder


    Unfortunately you were illegally claiming for a day more on social welfare than you were entitled to. You were commiting welfare fraud.

    This will mean that if the social do go ahead with your claim for the full jobseekers payment at the very least you owe them a hefty back payment for the extra days dole you were getting.


  • Registered Users Posts: 233 ✭✭culsoh


    Are you in trouble? I would imagine so, yes.

    If the social welfare proceed with your claim, you will have to pay them back for all the extra days you claimed for even though you were working. They may come to an arrangement with you to pay this back so much every week instead of all in the one lump sum.

    Let us know how you get on.


  • Registered Users, Registered Users 2 Posts: 1,313 ✭✭✭AstonMartin


    You will have to pay back approx [197/6]x24.

    dont know what else.


  • Registered Users, Registered Users 2 Posts: 7,920 ✭✭✭cee_jay


    Everything you have received will be assessed as an overpayment, as you were working 4 days, you were not entitled to a penny. Depending on the amount and circumstances, prosecution may be considered.


  • Registered Users, Registered Users 2 Posts: 28,459 ✭✭✭✭drunkmonkey


    If you worked 24hrs a week, that would equate to 3 x 8hr days. I dont see why your employer insists they have to put it down as 4 days. I'd go back and talk to them again as it shouldn't make any difference to them what way they break it up unless there putting in hours you never worked and there the ones who are commiting fraud.


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  • Registered Users, Registered Users 2 Posts: 2,758 ✭✭✭eastbono


    OP states in her initial post that she was working 4 days a week and that is what her employer has put on the form for sw. She was not entitled to any payments from sw when she was working 4 days a week. If her employer changed the form to state she was working 3 days per week that would be committing fraud.


  • Registered Users, Registered Users 2 Posts: 616 ✭✭✭hawthorne


    Oh dear- this does not look great...
    A full confession to the DoSP might help a bit.


  • Closed Accounts Posts: 33 freefone


    I dont know what kind of payment you recieved for last 6 mths, but regards FIS and single parent supplement they count hours per week and money you earned, not how many days you went to work. That way single parent can work 4 h by 5 days while kids are in school and recieve government support up to minimum salary (not 100%, less).


  • Closed Accounts Posts: 874 ✭✭✭eilo1


    Your employer could write that you where working Sunday, Monday, Tuesday, Wednesday and you will not be in trouble as Sunday is not counted as a working day by SW. (although it seems ridiculous!)

    The accounts department are just being strict because they are worried it will come back on them. You have cheated the system but so has your employer.

    If I was you I would go back and ask them to write 3 days or to but Sunday down if they are really worried.


  • Registered Users, Registered Users 2 Posts: 7,920 ✭✭✭cee_jay


    Please read forum charter. Do not discuss ways of committing social welfare fraud on this thread, or in the forum. One poster has already been banned. Any more discussion along the same lines will earn a month's ban from this forum.

    The OP has committed Social Welfare fraud and has owned up to that. His/her question is what to expect now.


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  • Closed Accounts Posts: 170 ✭✭Squirm


    So you have been working 24hrs a week. The social welfare think you have been working this over a period of three days, while in reality you have been working the same hours over a four day period. At the end of the week you were still taking home the same amount of pay for the same amount of hours as you declared to the socail welfare, so i'm not sure why the other posters think you will owe them back money...? I am also unsure as to why your employer asked you to say you work a 3 day week and is now saying you work a 4 day week... very odd. I would go into a citizen's information bureau and speak to them asap. I suspect your employer was/is up to no good some how and the nureau might no the ins and outs of what might be going on and what you can do. Since you have not claimed to have worked less than you actually did, i'm not sure it is exactly fraud... in that, you did not profit from it. Very odd situation.


  • Registered Users, Registered Users 2 Posts: 7,920 ✭✭✭cee_jay


    Social Welfare system does not allow for hours worked. It counts days. If you work 1 hour any day that is 1 day worked. The OP has worked 4 days, not the 3 he was declaring to Social Welfare, which 1. is fraud, and 2. meant he was not entitled to payment as you have to be unemployed for at least 3 days in 6. He has profited from it as if he declared his 4 days work to Social Welfare he would not have received any payment from them. This will now have to be paid back, and he may be prosecuted for same depending on the amount owed.


  • Registered Users, Registered Users 2 Posts: 4,939 ✭✭✭goat2


    you said you worked 3 days when you worked 4 days, does not matter what hours, you told an untruth, you should have watched your own back, and told it as it was


  • Registered Users Posts: 371 ✭✭mikehunts


    Even if the op has to pay back the overpayment, the SW will come to an agreement with the op to what they can afford. i.e €5 or €10 a week


  • Closed Accounts Posts: 3,339 ✭✭✭tenchi-fan


    If I were you I'd close the claim and have nothing more to do with the welfare office.

    Despite your arrangement with your employer, you clearly and wilfully provided false info to the welfare office.


  • Registered Users, Registered Users 2 Posts: 4,939 ✭✭✭goat2


    we are all asked to sign our names at the end of forms when it come to these,
    and the sentence over the signature states,
    that the information you are forwarding is true,
    well in your case it was false.
    you went into work four days,
    you said you only went in three days,


  • Registered Users Posts: 14 Focal


    I think you will be in trouble, you took advantage of the situation to earn more money.
    Its only fair you pay this money back and may it be lesson to you not to cheat the system.


  • Closed Accounts Posts: 5 Odomas


    thank you for all the replies..
    well anyways, i gave back my form to SW, and now will wait whats going to happen
    1 of all, let me get this straight.. i never knew that if i put 4 days i would never get social payment, i dont read newspaper and i dont watch television, it seemed fine to me, 24 hours a week whats a difference which days ill put them
    2-, if ill be finned, ill return the money its not a problem, im not going to hide or what ever... only how much would i need to pay back? the day i started to work for that company? and how would i return them.. one of the replies says i would return them from my social payment, like 5-10eur a week, is that correct? actually i would give even more to get all the money back asap
    3, can i sue my previous employer for making me telling lie? or at least say to SW to check on the company there might be more employees doing the same as i did?
    4, will i be able to get any social payments in the future, or this is a DOT on me?


  • Closed Accounts Posts: 103 ✭✭Granger13


    The docket that you signed to say you worked just the three days, did you not have to send them in weekly or montly to the employer and did your employer not have to sign any type of form for the social welfare.


  • Closed Accounts Posts: 5 Odomas


    Granger13 wrote: »
    The docket that you signed to say you worked just the three days, did you not have to send them in weekly or montly to the employer and did your employer not have to sign any type of form for the social welfare.
    em no, i didnt needed to send them to my employer, just sign myself, and bring back to SW, and my employer did filled some kind of form for SW, also i was payed from my employer every second week, so thats 2 times a month i got payed from them, and plus every week from SW if that might help


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  • Registered Users, Registered Users 2 Posts: 7,920 ✭✭✭cee_jay


    Odomas wrote: »
    thank you for all the replies..
    well anyways, i gave back my form to SW, and now will wait whats going to happen
    1 of all, let me get this straight.. i never knew that if i put 4 days i would never get social payment, i dont read newspaper and i dont watch television, it seemed fine to me, 24 hours a week whats a difference which days ill put them
    2-, if ill be finned, ill return the money its not a problem, im not going to hide or what ever... only how much would i need to pay back? the day i started to work for that company? and how would i return them.. one of the replies says i would return them from my social payment, like 5-10eur a week, is that correct? actually i would give even more to get all the money back asap
    3, can i sue my previous employer for making me telling lie? or at least say to SW to check on the company there might be more employees doing the same as i did?
    4, will i be able to get any social payments in the future, or this is a DOT on me?

    You can pay back weekly through your SW payment or in a lump sum if you wish. If an overpayment is to be assessed they will advise you of the different ways you can pay.
    No you can't sue your employer for making you lie. It is your claim, not your employers, you are supposed to be truthful about your circumstances to SW, and to ensure you are claiming correctly. You could have checked with SW at the time for example.
    If you think there may be other employees doing the same thing you can report them to SW.
    You will be able to get SW in future, just will have to keep paying back the overpayment.


  • Closed Accounts Posts: 5 Odomas


    cee_jay wrote: »
    If you think there may be other employees doing the same thing you can report them to SW.
    actually i dont want to report any of the employees, its the employer i want to report
    is there anything i can do to punish my employer???


  • Closed Accounts Posts: 103 ✭✭Granger13


    If on the form that your employer filled out for the SW that you will be in employment 3 days a week you can ask for the SW to investigate into it in regards to false information been given to them not only by you but by the employer, it will then be up to the SW as to what action they are going to take, if they do look for the overpayment back, which more than likely they will, as the before most, you can arrange an payment plan with them, they will make sure that you do not fall below a certain means when arranging the amount to be paid back.


  • Registered Users, Registered Users 2 Posts: 9,625 ✭✭✭wmpdd3


    Granger13 wrote: »
    If on the form that your employer filled out for the SW that you will be in employment 3 days a week you can ask for the SW to investigate into it in regards to false information been given to them not only by you but by the employer, it will then be up to the SW as to what action they are going to take, if they do look for the overpayment back, which more than likely they will, as the before most, you can arrange an payment plan with them, they will make sure that you do not fall below a certain means when arranging the amount to be paid back.

    About 9 mts ago the sw did away with getting employers to fill out days worked. They jut sent the yellow dockets the employee to fill out at 4 weeks at a time. Also they used to sent a form every 6 months to the employer to confirm days worked, but i havent seen any of these i over a year. I used to have 9 part time staff and spent every monday morning filling those dockets out and stamping them with the co stamp. Thats all gone now.


  • Closed Accounts Posts: 5 Odomas


    well, i dont know what and how it happend, but my worries are over now, i haven't received any of the overcharge payments, fraud or whats so ever things, in fact, i've started to get my social payments in full, but i siggned off the dole anyways, cause i found the full time job.. thank you all


  • Registered Users, Registered Users 2 Posts: 166,026 ✭✭✭✭LegacyUser


    I doubt that you've heard the last from Social Welfare. If you wrongly claimed for 3 days a week for 6 months then you owe them roughly €2548.

    Once they notify you of the overpayment, you can set up direct debts and repay it that way.
    Or repay it at your local office, or if you needed to claim again, you can repay by weekly deductions from your payment.


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