Social Welfare Consolidation Act 2005

Avoidance of multiple payments.

[1993 s209(1); 2005 (SW&P) s26 &Sch 4]

247

247.—F1425[(1) Where, but for this subsection, more than one of the following would be payable to or in respect of a person in respect of the same period, only one shall be paid—

(a) any benefit specified in section 39(1) other than death benefit by way of a grant in respect of funeral expenses, bereavement grant or F1426[bereaved parent grant], or

(b) any assistance specified in section 139(1) other than a payment under section 186A, domiciliary care allowance, supplementary welfare allowance or F1426[bereaved parent grant].]

[1993 s209(2); 2005 (SW&P) s26 & Sch 4]

(2) Where, but for this subsection, more than one of the following would be payable to or in respect of a qualified child in respect of the same period, only one shall be paid—

(a) any benefit specified in section 39(1) other than death benefit by way of a grant in respect of funeral expenses, bereavement grant or F1426[bereaved parent grant],

F1425[(b) any assistance specified in section 139(1) other than domiciliary care allowance, supplementary welfare allowance or F1426[bereaved parent grant],]

(c) F1427[…]

(d) any increase in a benefit referred to in paragraph (a) in respect of a qualified adult,

(e) any increase in assistance referred to in paragraph (b) in respect of a qualified adult,

(f) any increase in a benefit referred to in paragraph (a) in respect of a qualified child, or

(g) any increase in assistance referred to in paragraph (b) in respect of a qualified child.

F1428[(2A) For the purposes of this Act, where—

(a) a payment is made to or in respect of a person and in respect of a benefit referred to in subsection (1)(a) or any assistance referred to in subsection (1)(b) (whether subsection (1) applies to the payment of such benefit or assistance or otherwise), and

(b) during the same period, the person referred to in paragraph (a) is a person to whom a payment specified in subsection (2B) would be payable to or in respect of an orphan,

nothing in this Act shall prevent the payment of the benefit or assistance referred to in paragraph (a) being paid to a person referred to in that paragraph where, during the same period, that person is a person referred to in paragraph (b) to whom a payment referred to in that paragraph would also be made.

(2B) The payments referred to in subsection (2A)(b) are—

(a) guardian’s payment (contributory),

(b) guardian’s payment (non-contributory), or

(c) death benefit by way of pension under section 83.]

[1993 s209(3); 1996 s15(4) & Sch D]

F1425[(3) for the purposes of this section any payment specified in subsection (1)(a) or (b) payable in respect of a person shall be regarded as such specified payment payable to that person.]

F1429[(3A) Notwithstanding subsections (1) and (2) and subject to subsection (3B), where disablement benefit and any benefit described in section 39(1) (including any increase thereof) or assistance described in section 139(1) (including a228.ny increase thereof) would be payable to or in respect of a person in respect of the same period, both such payments may be paid to or in respect of that person in respect of that period.

(3B) For the purposes of subsection (3A), disablement benefit shall not include an increase—

(a) on account of incapacity by virtue of section 77,

(b) in respect of a qualified adult or a qualified child, by virtue of section 76,

(c) in respect of constant attendance by virtue of section 78, other than where a benefit, as described in section 39(1), is payable.]

[1993 s209(4)]

(4) Notwithstanding subsections (1) and (2), the Minister may make regulations enabling more than one of the payments specified in those subsections to be paid to or in respect of a person in respect of the same period.

[1993 s209(5)]

(5) Regulations made under subsection (4) may provide for reducing the amount of any payments specified in subsections (1) and (2) (including the partial payment of any such payments).

F1430[(5A) A payment under section 186A shall not be payable where a person is in receipt of more than one payment by virtue of regulations made under subsection (4).]

[1993 s209(6); 1999 s17(2) & Sch D]

F1431[(6) Where, but for this subsection, working family payment and—

(a) partial capacity benefit,

(b) jobseeker’s benefit,

(c) jobseeker’s benefit (self-employed),

F1432[(ca) jobseeker’s pay-related benefit,]

(d) carer’s benefit,

(e) jobseeker’s allowance,

(f) carer’s allowance, or

(g) farm assist,

would be payable to or in respect of a person in respect of the same period, only one shall be paid.]

[1993 s209(7)]

(7) Where, but for this subsection, F1433[working family payment] would be payable to a person in a period of incapacity for work in respect of which F1434[illness benefit] or injury benefit is also payable to that person, F1433[working family payment] shall not be payable to that person for that part of the period of incapacity for work which exceeds 6 weeks.

[1996 s7(2)]

(8) Where a continued payment for qualified children under Part 7 is payable to a person for any period, any child who is regarded as a qualified child of that person shall not, for that period, be regarded as a qualified child for the purposes of entitling any person to an increase in benefit or assistance under this Act.

[1996 s7(2)]

(9) In the case of a person who is participating in an initiative administered by the Minister and known as Back to Work Allowance and who is not entitled to, or in receipt of, F1433[working family payment], any sums paid by way of a continued payment for qualified children under Part 7 shall be treated as paid on account of the allowance payable under the Back to Work Allowance initiative.

[1993 s209(8); 1999 s19 & Sch E]

(10) Where in respect of the death of a person, a bereavement grant and death benefit by way of a grant in respect of funeral expenses would, but for this subsection, be payable, only one such grant shall be payable.

[1993 s209(9)]

(11) Regulations may provide for treating any payment specified in subsection (1) or (2), which it is subsequently decided was not payable, as paid on account of any other payment specified in those subsections which it is decided was payable.

F1435[(12) Where a person is in receipt of an invalidity pension under this Act by virtue of the application of Articles 38 and 39 of Regulation (EEC) No. 1408/71 of the Council of the European Communities and subsequently becomes entitled to a survivor’s pension or old age pension from another Member State under Chapter 3 of that Regulation, the person’s entitlement to invalidity pension under this Act shall, notwithstanding anything contained in that Regulation, be reduced only within the limit of the amount of that survivor’s pension or old age pension.]

Annotations

Amendments:

F1425

Substituted (28.06.2013) by Social Welfare and Pensions (Miscellaneous Provisions) Act 2013 (20/2013), s. 19 and sch. item 18, commenced on enactment.

F1426

Substituted (21.07.2025) by Social Welfare (Bereaved Partner’s Pension and Miscellaneous Provisions) Act 2025 (8/2025), s. 17(l), commenced on enactment.

F1427

Deleted (28.06.2013) by Social Welfare and Pensions (Miscellaneous Provisions) Act 2013 (20/2013), s. 19 and sch. item 18, commenced on enactment.

F1428

Inserted (24.12.2019) by Social Welfare (No. 2) Act 2019 (48/2019), s. 13, commenced on enactment.

F1429

Inserted (27.09.2007) by Social Welfare and Pensions Act 2007 (8/2007), s. 24(g)(ii), S.I. No. 699 of 2007.

F1430

Inserted (27.09.2007) by Social Welfare and Pensions Act 2007 (8/2007), s. 24(g)(iii), S.I. No. 699 of 2007.

F1431

Substituted (24.12.2019) by Social Welfare (No. 2) Act 2019 (48/2019), s. 14, commenced on enactment.

F1432

Inserted (31.03.2025) by Social Welfare (Miscellaneous Provisions) Act 2024 (24/2024), s. 14 and sch. ref. 20, S.I. No. 499 of 2024.

F1433

Substituted (1.01.2018) by Social Welfare Act 2017 (38/2017), s. 8(1) and sch. 1, commenced as per subs. (3).

F1434

Substituted (2.10.2006) by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 4(1) and sch. 1 item 15, S.I. No. 334 of 2006.

F1435

Inserted (24.03.2006) by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 32, commenced on enactment.

F1436

Inserted by Social Welfare and Pensions Act 2008 (2/2008), s.13(f), not commenced as of date of revision.

Modifications (not altering text):

C100

Prospective amending provision: subs. (1)(b) and (2)(b) amended by Social Welfare and Pensions Act 2008 (2/2008), s. 13(f), not commenced as of date of revision. Note: Social Welfare and Pensions Act 2008 (2/2008), s. 16(g)(ii) purported to further amend s. 247(2)(b) by inserting ", domiciliary care allowance" after "186A". However "186A" does not appear within s. 247(2)(b).

247.—F1425[(1) Where, but for this subsection, more than one of the following would be payable to or in respect of a person in respect of the same period, only one shall be paid—

...

(b) any assistance specified in section 139(1) other than F1436[, blind welfare allowance] a payment under section 186A, domiciliary care allowance, supplementary welfare allowance or F1426[bereaved parent grant].]

(2) Where, but for this subsection, more than one of the following would be payable to or in respect of a qualified child in respect of the same period, only one shall be paid—

...

F1425[(b) any assistance specified in section 139(1) other than F1436[, blind welfare allowance] domiciliary care allowance, supplementary welfare allowance or F1426[bereaved parent grant],]

...

Editorial Notes:

E1663

Power pursuant to subs. (4) exercised (29.07.2025) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 5) (Bereaved Partner’s Pension) Regulations 2025 (S.I. No. 376 of 2025), art. 3(e) and sch. item nos. 8 to 11, which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), arts. 222, 223A, 223B and 223F.

E1664

Power pursuant to subs. (4) exercised (31.03.2025) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 15) (Jobseeker’s Pay-Related Benefit) Regulations 2024 (S.I. No. 635 of 2024), art. 6 and sch. item no. 13—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 222—in effect as per art. 2.

E1665

Power pursuant to subs. (4) exercised (21.10.2021) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 16) (Covid-19 Pandemic Unemployment Payment) Regulations 2021 (S.I. No. 546 of 2021), art. 2(b), which amended Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 2007 (S.I. No. 412 of 2007), art. 223F.

E1666

Power pursuant to subs. (11) exercised (1.04.2021) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 9) (Covid-19 Pandemic Unemployment Payment – Entitlement to Increase for Qualified Adult) Regulations 2021 (S.I. No. 160 of 2021), art. 3(c), which inserted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), arts. 226(1A).

E1667

Power pursuant to subs. (4) exercised (30.11.2020 with retrospective effect from 5.08.2020) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 16) (Covid-19 Pandemic Unemployment Payment — Ancillary Provisions) Regulations 2020 (S.I. No. 573 of 2020), art. 4(d)—which inserted Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 2007 (S.I. No. 412 of 2007), art. 223F—in effect as per art. 3.

E1668

Power pursuant to subs. (4) exercised (1.11.2019) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 12) (Parent’s Benefit) Regulations 2019 (S.I. No. 554 of 2019), arts. 10 and 11—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), arts. 222 and 223A—in effect as per art. 3.

E1669

Power pursuant to subs. (4) exercised (1.11.2019) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 11) (Jobseekers Benefit (Self-Employed)) Regulations 2019 (S.I. No. 551 of 2019), art. 12 and sch. item nos. 12 and 13—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 222, and purported to amend art. 223 notwithstanding its deletion (1.02.2012 to 3.02.2012) as per E-Note below—in effect as per art. 2.

E1670

Power pursuant to subs. (4) exercised (1.09.2016) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 2) (Paternity Benefit) Regulations 2016 (S.I. No. 442 of 2016), arts. 8 and 9—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 222 and substituted art. 223A—in effect as per art. 3.

E1671

Power pursuant to subs. (4) exercised (4.07.2013) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 4) (Jobseeker’s Allowance Transition) Regulations 2013 (S.I. No. 244 of 2013), art. 7—which inserted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 222A—in effect as per art. 3.

E1672

Power pursuant to subs. (4) exercised (12.11.2012) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 10) (Miscellaneous Amendments) Regulations 2012 (S.I. No. 447 of 2012), art. 7, which deleted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), arts. 231(3) and 231(4).

E1673

Power pursuant to subs. (4) exercised (1.02.2012 to 3.02.2012) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 1) (Overlapping Benefits) Regulations 2012 (S.I. No. 38 of 2012), art. 4—which deleted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 223 and inserted arts. 223A to 223E—in effect as per art. 3.

E1674

Power pursuant to subs. (11) exercised (21.11.2011) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 6) (Civil Partnership) Regulations 2011 (S.I. No. 604 of 2011), art. 16(q), which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), arts. 226(1) and 226(3).

E1675

Power pursuant to subs. (11) exercised (1.10.2011) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 5) (Administrative Responsibility for Supplementary Welfare Allowance) Regulations 2011 (S.I. No. 498 of 2011), art. 4(a)—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 225—in effect as per art. 3.

E1676

Power pursuant to subs. (4) exercised (27.09.2007) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 5) (Assessment of Earnings) Regulations 2007 (S.I. No. 700 of 2007), art. 14—which revoked Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 221—in effect as per art. 2(2).

E1677

Power pursuant to subs. (4) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), arts. 220 to 224, 230 and 231, in effect as per art. 2.

E1678

Power pursuant to subs. (11) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), arts. 225 and 226, in effect as per art. 2.

E1679

Previous affecting provision: subs. (6)(aa) inserted (1.11.2019) by Social Welfare Act 2019 (34/2019), s. 6 and sch. item 18, S.I. No. 550 of 2019; substituted (24.12.2019) as per F-Note above.

E1680

Previous affecting provision: subs. (6) amended (1.01.2018) by Social Welfare Act 2017 (38/2017), s. 8(1) and sch. 1, commenced as per subs. (3); substituted (24.12.2019) as per F-Note above.

E1681

Previous affecting provision: power pursuant to subs. (4) exercised (21.11.2011) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 6) (Civil Partnership) Regulations 2011 (S.I. No. 604 of 2011), arts. 16(o) and 16(p), which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), arts. 222(3)(h), 222(3)(i), 222(3)(k) and amended art. 223; art. 223 deleted (1.2.2012 to 3.02.2012) as per E-Note above; arts. 222(3)(h), 222(3)(i), 222(3)(k) substituted (29.03.2025) as per E-Note above.

E1682

Previous affecting provision: subs. (1) and (2)(b) amended (1.01.2011) by Social Welfare and Pensions Act 2010 (37/2010), s. 26 and sch. 3 item 16, S.I. No. 673 of 2010; substituted (28.06.2013) as per F-Note above.

E1683

Previous affecting provision: subs. (2)(a) amended (1.01.2011) by Social Welfare and Pensions Act 2010 (37/2010), s. 26 and sch. 3 item 16, S.I. No. 673 of 2010; substituted (21.07.2025) as per F-Note above.

E1684

Previous affecting provision: subs. (1) amended (1.04.2009) by Social Welfare and Pensions Act 2008 (2/2008), s.16(g)(i), S.I. No. 143 of 2009; substituted (28.06.2013) as per F-Note above.

E1685

Previous affecting provision: subs. (1) amended (27.09.2007) by Social Welfare and Pensions Act 2007 (8/2007), s. 24(g)(i), S.I. No. 699 of 2007; substituted (28.06.2013) as per F-Note above.

E1686

Previous affecting provision: power pursuant to subs. (11) exercised (26.09.2007) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 5) (Assessment of Earnings) Regulations 2007 (S.I. No. 700 of 2007), art. 13—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 226(1)—in effect as per art. 2(1); substituted (21.11.2011) as per E-Note above.

E1687

Previous affecting provision: subs. (6) amended (5.10.2006) by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 4(1) and sch. 1 item 6, S.I. No. 334 of 2006; substituted (24.12.2019) as per F-Note above.

E1688

Previous affecting provision: subs. (6) amended (4.10.2006) by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 4(1) and sch. 1 item 4, S.I. No. 334 of 2006; substituted (24.12.2019) as per F-Note above.

E1689

Previous affecting provision: subs. (6) amended (28.09.2006) by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 4(1) and sch. 1 item 3, S.I. No. 334 of 2006; substituted (24.12.2019) as per F-Note above.

E1690

Previous affecting provision: power pursuant to statutory precursor of subs. (4) exercised (2.01.1995) by Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), arts. 125 to 128, 134 and 135; amended as per Table below; continued in force (1.12.2005) by s. 362(2) as if made under this Act; revoked (2.07.2007) by Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 2007 (S.I. No. 412 of 2007), art. 5 and sch. 4, in effect as per art. 2.

Table

• art. 127 substituted (8.04.2004) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 3) (Overlapping Payments) Regulations 2004 (S.I. No. 145 of 2004), art. 4, in effect as per art. 3.

• art. 134 amended (26.01.2001 to 4.01.2002) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 7) (Euro) Regulations 2001 (S.I. No. 614 of 2001), art. 4 and sch., in effect as per art. 2.

• art. 128 amended (26.10.2000) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 13) (Carers) Regulations 2000 (S.I. No. 340 of 2000), art. 5(1)(i), in effect as per art. 2.

• art. 128 amended (9.10.1999) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 7) (Unemployment Assistance and Farm Assist) Regulations 1999 (S.I. No. 324 of 1999), art. 6(f).

• art. 126 amended (17.10.1997) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 9) (Widow's and Widower's (Non-Contributory) Pension) Regulations 1997 (S.I. No. 438 of 1997), art. 4, in effect as per art. 2.

• art. 125 amended (16.10.1997) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 8) Regulations 1997 (S.I. No. 436 of 1997), art. 4, in effect as per art. 2.

• art. 126 amended (02.01.1997 and 03.01.1997) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 10) (One-Parent Family Payment) Regulations 1996 (S.I. No. 426 of 1996), art. 9(d), in effect as per art. 2.

• art. 128 amended (2.10.1996) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 6) Regulations 1996 (S.I. No. 297 of 1996), art. 7, in effect as per art. 3.

• art. 126 amended (17.05.1996) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 3) Regulations 1996 (S.I. No. 143 of 1996), art. 5(d).

• art. 126 amended (19.04.1995) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 2) Regulations 1995 (S.I. No. 94 of 1995), art. 10, in effect as per art. 2.

• art. 126 amended (30.01.1995) by Social Welfare (Consolidated Payments Provisions) (Amendment) Regulations 1995 (S.I. No. 26 of 1995), art. 11, in effect as per art. 2.

E1691

Previous affecting provision: power pursuant to statutory precursor of subs. (11) exercised (2.01.1995) by Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), arts. 129 and 130; continued in force (1.12.2005) by s. 362(2) as if made under this Act; revoked (2.07.2007) by Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 2007 (S.I. No. 412 of 2007), art. 5 and sch. 4, in effect as per art. 2.