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Cork Pension Fraud

  • 17-02-2022 6:10pm
    #1
    Registered Users, Registered Users 2 Posts: 1,552 ✭✭✭


    Not sure if this is the right section to post, Mods feel free to move it if not.

    So this guy was caught claiming his dead fathers pension for 33 years ( which doesnt say much for the checks in place at the Dept. of Social Welfare) and the amount stolen was over 500,000 of which only around €11,000 was retrieved. The thief got four and a half years with the last year suspended (God only knows why) and will probably be out in 18 months or so. This case highlights the shambles that is the Social Welfare department. Surely if a doctor fills out a death certificate a copy of same should automatically go to all of the relevant departments and fraud like this should not happen. This thief was also receiving Unemployment benefit and I am now wondering if he will receive this benefit while in prison and when he is released. In my opinion he should never receive another cent from the State for the rest of his life.



Comments

  • Registered Users, Registered Users 2 Posts: 83,858 ✭✭✭✭Atlantic Dawn
    M


    No death certificate was issued, he never went to register the deaths, this in itself is an offence, suppossed to be registered within 3 months.

    What I wonder is will 'his' council house be sitting idle for him for 3 years until he is released from jail to add an additional €50k plus to the fraud?



  • Registered Users, Registered Users 2 Posts: 1,552 ✭✭✭Glencarraig


    This is where the whole system falls down. How can somebody be buried without a death certificate. If this happens then the undertaker is equally guilty of a crime.



  • Registered Users, Registered Users 2 Posts: 8,258 ✭✭✭saabsaab


    Absolutely, it shouldn't be up to the next of kin to register the death. Daft. As far as I am aware the current penalty is 40 shillings for non declarance and ten pounds for the undertaker under the nineteenth century law.



  • Registered Users, Registered Users 2 Posts: 2,232 ✭✭✭TooTired123


    In Ireland funerals take place within days of a death. It’s sometimes 3/4 weeks before a notice to apply for a death cert is issued.



  • Registered Users, Registered Users 2 Posts: 26,807 ✭✭✭✭Peregrinus




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  • Registered Users, Registered Users 2 Posts: 1,552 ✭✭✭Glencarraig


    Reply to a previous post by Saabsaab: Absolutely, it shouldn't be up to the next of kin to register the death. Daft. As far as I am aware the current penalty is 40 shillings for non declarance and ten pounds for the undertaker under the nineteenth century law.

    AFAIK an undertaker cannot legally bury a body without a death certificate, to do so would amount to a crime being committed.



  • Registered Users, Registered Users 2 Posts: 18,842 ✭✭✭✭kippy


    If that's the case EVERY undertaker in the country is committing a crime as death certs can take weeks/months to be issued depending on the circumstances of the death, even if they were applied for on the day after the death itself or the day of the death itself.

    It's not always practical to have the cert issued "fast" in its current guise.

    In the first instance - The guy in this case broke a number of laws over a long period of time - the sentance handed down is nowwhere near enough to deter anyone else who might wish to do the same.

    In the second instance - some flaws have been exposed in the processes around death, pensions and the Public Services Card - these should be shored up (if they haven't been already) without placing unneeded extra paperwork/work on the citizen or the department.



  • Registered Users, Registered Users 2 Posts: 13,251 ✭✭✭✭Losty Dublin


    Say what you want about social welfare checks and failings but the facts are that a fraud happens because people choose to commit fraud. He chose to not declare deaths; he chose to claim and make claims for them after they died; he chose to hide a lot of facts and he chose to make a considerable amount of effort to keep this all going. Nobody else but him committed a crime here, however people dress it up.

    As regards Death Certificates, these are formally issued by the HSE and not the Dept of Social Welfare or Revenue or a GP. It takes some time for these to issue; months and even years in occasion and exceptional cases. I can't speak of other departments but Social Welfare will stop payments on an interim basis on foot of a phone call or letter or a call into an office notifying them of a death and have done so for decades.



  • Registered Users, Registered Users 2 Posts: 8,258 ✭✭✭saabsaab


    Quote from the 1874 Act.

    ' The registrar, upon registering any death or upon receiving a written requisition to attend at a house to register a death, or upon receiving such written notice of the occurrence of a death, accompanied by a medical certificate as is before provided by this Act, shall forthwith, or as soon after as he is required, give, without fee or reward, either to the person giving information concerning the death or sending the requisition or notice, or to the undertaker or other person having charge of the funeral of the deceased, a certificate under his hand that he has registered or received notice of the death, as the case may be.

    Every such order of the coroner and certificate of the registrar shall be delivered to the person who buries or performs any funeral or religious service for the burial of the body of the deceased; and any person to whom such order or certificate was given by the coroner or registrar who fails so to deliver or cause to be delivered the same shall be liable to a penalty not exceeding forty shillings.

    The person who buries or performs any funeral or religious service for the burial of any dead body, as to which no order or certificate under this section is delivered to him, shall, within seven days after the burial, give notice thereof in writing to the registrar, and if he fail so to do shall be liable to a penalty not exceeding ten pounds.'


    Looks like it.



  • Registered Users, Registered Users 2 Posts: 1,552 ✭✭✭Glencarraig


    Exactly........pathetic outdated penalties. With regard to death certs, surely in this day and age when a doctor signs a death cert a copy, paper based or electronic should automatically go to the HSE and Social Welfare which would go a long way to cut out such fraud. How anybody can get away with claiming dead pensions for 33 years is beyond ridiculous.



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  • Registered Users, Registered Users 2 Posts: 8,258 ✭✭✭saabsaab


    Yes. At present the Doctor/Hospital issue a cause of death statement. Not a legal death cert, this is then used to get a Death Cert by a next of kin (if they register it). Daft.

    Reading the regulations it seems if the undertaker isn't furnished with a cert or statement of death within 7 days of burial they must inform the registrar. I'd say this is never done.



  • Posts: 693 ✭✭✭ [Deleted User]


    Completely ridiculous situation!

    An RSI number should be obtained by the hospital & forwarded to a revelant department after a death!



  • Registered Users, Registered Users 2 Posts: 8,258 ✭✭✭saabsaab


    They would already have the PRSI no on record.



  • Posts: 693 ✭✭✭ [Deleted User]


    No reason then not to put procedures in place to prevent this happening again!



  • Registered Users, Registered Users 2 Posts: 8,258 ✭✭✭saabsaab




  • Registered Users, Registered Users 2 Posts: 6,360 ✭✭✭Claw Hammer


    What should happen is that when a person is not collecting their own pension an inspector from the pensions office should check every 5 years that the person is still alive by visiting them.



  • Registered Users, Registered Users 2 Posts: 8,258 ✭✭✭saabsaab


    Well I'd say they do.

    When the Inspector arrives at the door the following may apply, they can't get in (often) or told person is sick so can't see them, the're gone away to hospital/family, holiday. Maybe even get an old person to stand in if they have notice? If asked difficult questions say they are confused/memory loss.



  • Registered Users, Registered Users 2 Posts: 6,360 ✭✭✭Claw Hammer


    They didn't see the people in the Cork case. If they are told the person is sick they should get the name of the treating doctor and the doctor should be visited. If there is no sight of the person the case should be flagged and if necessary the pension stopped until the person is produced.



  • Registered Users, Registered Users 2 Posts: 8,258 ✭✭✭saabsaab


    Would be time consuming for the majority genuine cases and there would be a huge outcry if pensions were stopped in a genuine case. Much easier/simplier/cheaper to have a proper death registration system to start with.



  • Registered Users, Registered Users 2 Posts: 6,360 ✭✭✭Claw Hammer


    It would only be in cases where the pensioner was not collecting their own pension and would only have to be done every few years. The excuse merchants would be the only ones who would be time consuming. Inspectors call to claimants frequently so an extra call or two when they are in the area wouldn't be much of an overhead particularly if they see the person on the first visit.



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  • Posts: 0 [Deleted User]


    Why is the death cert not filled out at the times by the medical person who pronounces the death on the day of their death? And they register the death with the State straight away? And then that closes a major loophole.



  • Registered Users, Registered Users 2 Posts: 8,634 ✭✭✭lawrencesummers


    The apple didnt fall far.


    “Garda investigation also led to the revelation that Donald O'Callaghan Snr, the father of the defendant, had claimed a pension for his dead wife from 1979 until his own death in 1987”



  • Registered Users, Registered Users 2 Posts: 8,634 ✭✭✭lawrencesummers


    It cant really be to much to ask a pensioner to verify their actual existence on an annual basis either in person or in writing with a GP / garda stamp.



  • Registered Users, Registered Users 2 Posts: 2,232 ✭✭✭TooTired123


    Birth Deaths and Marriage Certificates are legal documents which are issued on application by people or their next of kin. The parents of a child apply for a birth cert. The couple apply for a marriage cert. The next of kin apply for a death cert.

    Its not up to medical personnel to complete tasks that are the responsibility of the family of patients. How would your scenario work for instance in the case of someone who dies abroad?



  • Registered Users, Registered Users 2 Posts: 2,232 ✭✭✭TooTired123


    The Uk do this and they have pensioners, literally, in every single country in the world.



  • Registered Users, Registered Users 2 Posts: 8,634 ✭✭✭lawrencesummers


    I get letters more than annually for childrens allowance to verify that i still have children



  • Registered Users, Registered Users 2 Posts: 2,232 ✭✭✭TooTired123


    Yep. It’s a bit of a mystery. Medical card do reviews. The councils do means tests every year. But you can have Disability Allowance Carers Allowance Pension etc for years and years and never hear anything. I can’t explain it.



  • Registered Users, Registered Users 2 Posts: 2,801 ✭✭✭endofrainbow


    It used to be a case whereby a pensioner would receive a letter every year called 'Certificate of Existence'. Unless this is random?



  • Registered Users, Registered Users 2 Posts: 6,360 ✭✭✭Claw Hammer


    The letter would come to the address where the claimant was living and woold be return by him. Not much of a check there.

    The system should check that the person has been seen alive at some point in the recent past.

    If a person cannot collect their own pension they must be under the care of a doctor. It would be very odd if such a person was not seen in person by their doctor several times a year. A bit of joined up thinking is needed.



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  • Posts: 0 [Deleted User]



    I suspect that the procedures have tightened up significantly since the mother died 43 years ago and the father 35 years ago.

    Of course, if the PSC had been mandatory for collecting welfare payments - as the last government tried to do - then these crimes would be much less likely to arise, but remember the hysteria from the media, the civil liberties groups, the opposition and the ODPC when this was attempted.



  • Registered Users, Registered Users 2 Posts: 8,258 ✭✭✭saabsaab


    True. Always resistance to tightening up the systems. People walking around unregistered and others not legally dead!



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