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Buachaill
Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 10591
Experience:  Barrister 17 years experience
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If someone has been accused of child benefit fraud in the ROI,

Resolved Question:

If someone has been accused of child benefit fraud in the ROI, in the form of over payments for a number of years because they no longer lived in the ROI, but moved to live & work in the UK - claiming child benefit in the UK, & not notifying ROI of the move, but still receiving payments,.... if the government body in ROI are now seeking repayment of up to 13-15k Euros - can this be pursued or enforced through Civil action in the court if defendant no longer lives in ROI & ignores any requests to re pay over payments and ignores any summons of court action? What are potential consequences for defendant if they ignore all correspondence?
Submitted: 3 years ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 3 years ago.

Buachaill :

1. Firstly, at the outset, since the enforcement of the EU Jurisdiction Regulation, all claims of a revenue or judicial nature such as the recoupment of overpaid child benefit can be taken by one state in any court in another EU state. So there is nothing to prevent the ROI authorities suing you in a court in the UK for the overpayment of the child benefit you received. It is simply like any other claim. It makes no difference that you no longer live in the ROI. If you fail to acknowledge and ignore any Summons, then judgment will be entered against you in default of appearance. This judgment can then be enforced against you in the UK or in any country in the EU where you have assets. So you should really seek to reach some payment terms with the Irish authorities rather than have the sheriff or bailiff come to take your goods or sell your house. The old rule that revenue claims or judgments could not be enforced or taken in another country no longer applies in the EU.

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