A DISTRICT court judge said that the claiming of job seeker’s allowance while working is a ‘shocking fraud’ on the entire community.
Judge Joanne Carroll made the comment when dealing with the case of Denis O’Driscoll at Bandon District Court last week who claimed over €15,000 in social welfare payments while working between April 2022 and May 2023.
Mr O’Driscoll (60) of 1 Upper Convent Hill, Bandon pleaded to three charges namely: failing to notify the Department of Social Protection of a change in circumstances on April 11th 2022; making a false declaration concerning his employment status on June 21st 2022 and providing false information on May 22nd 2023.
The court heard that he has no previous convictions.
Defence solicitor Plunkett Taaffe said the whole issue arose during Covid where his client had been working in hospitality security.
‘He got back into employment when hospitality opened up again but his income was sporadic on occasions. If he was to sign off it would have led to complications,’ said Mr Taaffe.
He said his client pleaded at the very first opportunity and has repaid over €6,000, with the remaining €9,000 outstanding.
The court heard that a repayment plan of €40 per week has been in place since June 21st of last year and the accused also made a cash repayment of €4,000 four days later.
‘He apologies for the offence, is embarrassed and is making amends. This conviction and the publicity will have adverse complications for him in his current job,’ said Mr Taaffe.
Darragh Healy, representing the state solicitor’s office, told Judge Carroll that the Probation Act can only be applied when all the money is paid back.
‘This has been ongoing for over a year and the Department of Social Protection wants finalisation today,’ he said.
Judge Carroll said that Ireland has a ‘very good social welfare system’ and that it is incumbent for people to be honest with the Department of Social Protection.
‘It’s a shocking fraud on the entire community to be claiming Job Seeker’s Allowance when working,’ said Judge Carroll.
She sentenced Denis O’Driscoll to three months in prison on the two charges of making a false declaration and giving false information but suspended the jail terms for 12 months.
Judge Carroll reserved her position on the remaining charge and adjourned the matter to for a year, to July 3rd 2026 to allow Mr O’Driscoll to continue the repayments to the Department of Social Protection.
