IRELAND | After Ombudsman intervention, the Department of Education and Skills reconsider seeking recovery of overpayments made in error to students

In February 2016 the Ombudsman, Peter Tyndall, initiated a systemic investigation involving the Department of Education and Skills and the Student Universal Support Ireland (SUSI). SUSI had been established as Ireland's single national awarding authority for all higher and further education grants. It replaced sixty-six local awarding authorities and began processing applications in 2012.

As a newly established office with a very short lead in time SUSI experienced major administrative challenges during the processing of applications for 2012/13. While additional resources and more robust processing procedures were subsequently put in place leading to a much more effective and efficient system it emerged that a very large number of errors had occurred in 2012.

An audit revealed that approximately 1,300 students had been paid maintenance grants and/or tuition fees in error. These amounted to overpayments of approximately €4m. Students who had provided all the necessary information to SUSI and had acted in good faith were, nonetheless, paid in error.  They had subsequently undertaken their courses of study and the money had been spent on its intended purpose.

The Department of Education and Skills, acting on legal advice, instructed SUSI to seek to recover all the overpayments, regardless of the merits of the individual cases. The Ombudsman met with the Department to seek a more balanced approach but no solution was forthcoming. Following the opening of the investigation, and intensive contact between the Ombudsman's Office and the Department, the Department reviewed its decision.

The Department recently wrote to the Ombudsman to say that it would not be seeking recovery of the 2012/13 overpayments and that it would authorise SUSI to refund any money recouped to date. The Ombudsman was very pleased with these decisions and decided to discontinue his investigation.

Ombudsman Peter Tyndall said "These students applied for funding properly, and were wrongly awarded it through no fault on their part.  It was quite wrong to seek its repayment when the money had already been spent.  These students had committed to courses of study and the funding was used to pay for these and for their accommodation and living expenses.  I am pleased that the Department has reconsidered its position."

Source: Ombudsman of Ireland

 

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