Waterford man fraudulently collected €60k in social welfare after brother's death
The case was heard at Waterford Courthouse.
A man has pleaded guilty to a dozen charges of theft at Waterford Circuit Court, after fraudulently collecting social welfare payments for up to two years after his brother's death.
Paul O’Neill, of Belmont Heights, Ferrybank, appeared before Judge Eugene O’Neill for sentencing.
The court heard how O’Neill came to carry out a large-scale theft of social welfare over a two-year period, which has cost the State nearly €60,000.
The 52-year-old is believed to have fraudulently collected social welfare payments for up to two years following the death of his brother Darren. Darren had received a terminal diagnosis and passed away on January 19, 2020. Paul acted as carer for the last 12 months of his brother’s life.
However, after Darren’s passing, Paul did not inform the Department of Social Protection about his brother's death.
The late Darren O'Neill had been in receipt of weekly disability payments from the Department, while Paul received a carer’s allowance.
The Court heard that a carer in Paul’s position would be entitled to 12 weeks more of allowance after the death of the person in their care, but no more beyond that period.
In early March 2020, Darren’s Department of Social Protection details were updated. Paul was in possession of his late brother's Bank of Ireland card and account.
Two years later, the Department of Social Protection received a call from a person "pertaining to be Darren O'Neill".
The caller also requested a new Public Services card. The phone call aroused suspicion and Detective Garda Trevor Conroy of the Special Investigation Unit was alerted. In late 2022, the unit went to the home of the accused and discovered the phone that was used to make the call to the Department.
At the house, O'Neill denied being the person who made the call but admitted to owning the phone.
During the Garda search of his home, Gardaí uncovered an Irish driving licence belonging to Darren O’Neill, a Public Services card and a receipt from Thompson’s Funeral Home for Darren's funeral.
Gardaí reviewed CCTV in Ferrybank showing Paul wearing his brother’s clothing and using his Bank of Ireland debit card to make transactions across Waterford. Footage also showed O'Neill collecting his carer's allowance.
In March 2022, O'Neill was arrested and made full admissions to the Gardaí.
The court heard from Det. Conroy that between the period of January 19, 2020, and December 8, 2022, O’Neill had taken €21,186 in carers’ support allowance and €38,669.50 in disability allowance. In total, O’Neill fraudulently took €59,855.50 from the State.
According to Det. Conroy, O'Neill is currently paying €25 a week back to the State. When asked by State Prosecutor Conor O'Doherty BL how long it would take to pay back the State, Det. Conroy replied: "45 years."
Defence counsel Gareth Hayden BL told the court that his client fell into a dark spiral after the death of his brother.
According to Mr Hayden, O'Neill took solace in drink. O'Neill said: "When he [Darren] died, I took it very hard. I drank myself into oblivion.
He told Gardaí: "I'm sorry this happened, I'm sorry it happened at all."
Mr Hayden also noted that O'Neill was not living in the lap of luxury but "very modestly" at the time of his offending.
O'Neill has a history of offending, having received 22 previous convictions from 1987 until 2021. He served a year in prison for burglary in 1993.
The court heard that he has struggled with alcohol and substance abuse but has made proactive steps to better his life and situation.
Mr Hayden said: "He accepts that he's been no angel in the past, [but] he is trying to turn his life around."
Judge O'Kelly remanded O'Neill on bail for the preparation of a probation report. He is scheduled for sentencing in January 2025.
