Social Security Prosecutions and Overpayment Recovery *

Abstract

This Article examines some of the problems arising from the interaction between the criminal, civil and administrative responses to non-compliance with social security legislation, in particular, cases of overpayments of pensions and benefits obtained by fraud. It focuses on the relationship between criminal sancations or orders imposed by the courts and the administrative process of recovering overpayments. It discusses the problem of identifying the appropriate forum and mechanism for the resolution of disputes over the quantum of disputed overpayments. Finally, it suggests some procedural reforms to ensure that persons who are the subject of parallel proceedings have their disputes dealt with in the most expeditious and least prejudicial manner possible.