Woman seeks to overturn finding she was overpaid nearly €20,000 under Covid-19 scheme

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Woman seeks to overturn finding she was overpaid nearly €20,000 under Covid-19 scheme
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Georgian national challenging legality of some rules governing Pandemic Unemployment Payment

She wants the court to declare a PUP rule purporting to preclude part-time employees was not compatible with a section of the Social Welfare Consolidation Act of 2005. The payment was geared toward people who lost all of their work due to Covid-19 restrictions.

In her first and third applications she stated that she was in part-time employment, while in the second application she declared she was not in employment, as at this time her work had ceased due to the pandemic. She said she subsequently recovered some hours, so felt obliged to submit a third application saying this.She says she did not conceal any pertinent facts or details and the deciding officer had all the facts in front of him.

Due to this, she alleges the PUP scheme is unconstitutional, as it does not provide a full range of protections, including an independent appeal process, that is provided for under the 2005 Act. While the Minister treats the PUP scheme as a payment under section 202 of the 2005 Act, its conditions are “wholly different”, she claims.

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