Social Welfare Consolidation Act 2005

Recoupment of supplementary welfare allowance (continued).

[1995 s21; 2005 (SW&P) s23 & Sch 1]

205

205.—Where—

(a) in respect of any period F1180[that a designated person] or deciding officer has granted supplementary welfare allowance to or in respect of a person who, though entitled under the legislation of a Member State (other than the State) F1181[or the United Kingdom] to a social security payment (in this section referred to as “the relevant payment”), is not in receipt of such payment, and

(b) the supplementary welfare allowance is in excess of the amount which would have been granted to that person if he or she had been in receipt of the relevant payment, and

(c) F1180[the designated person or] deciding officer has certified to the competent institution of the relevant Member State F1181[or the United Kingdom] the amount of supplementary welfare allowance in excess of which the person would have been entitled (in this section referred to as “the excess”) in respect of that period F1182[],

F1180[the designated person] or deciding officer may request that competent institution to deduct the amount of the excess from the relevant payment.

Annotations

Amendments:

F1180

Substituted (1.10.2011) by Social Welfare and Pensions Act 2008 (2/2008), s. 18(2) and sch. 1, S.I. No. 496 of 2011.

F1181

Inserted (31.12.2020 at 11.00 p.m.) by Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020 (23/2020), s. 102(b), S.I. No. 699 of 2020.

F1182

Deleted (1.10.2011) by Social Welfare and Pensions Act 2008 (2/2008), s. 18(2) and sch. 1, S.I. No. 496 of 2011.

Editorial Notes:

E1310

Previous affecting provision: paras. (a) and (c) amended by Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2019 (8/2019), s. 85(b), not commenced; repealed (17.12.2020) by Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020 (23/2020), s. 4(a), S.I. No. 634 of 2020.

E1311

Previous affecting provision: section by Social Welfare and Pensions Act 2007 (8/2007), s. 25(2) and sch. 1, not commenced; repealed (7.03.2008) by Social Welfare and Pensions Act 2008 (2/2008), s. 25(b) and (d), commenced on enactment.