Social Welfare Consolidation Act 2005
Interim payments and suspension of payment.
[1993 s277(1); 2005 (SW&P) s7(1)(c) & 10(c)]
334.—(1) Regulations may make provision in relation to matters arising—
(a) pending the decision or determination under Part 2, 3, F1695[4, F1696[…] ] F1696[…] 5, 6, F1697[7, 7A,] 8, 9 or 10 or this Part (whether in the first instance or on an appeal or reference, and whether originally or on revision) of any claim for benefit, assistance, F1695[child benefit, F1696[…]] F1697[F1698[working family payment], continued payment for qualified children or back to work family dividend] or of any question affecting any person’s right to any such benefit, assistance, F1695[child benefit, F1696[…]] F1697[F1698[working family payment], continued payment for qualified children or back to work family dividend] or to receipt thereof or any person’s liability for contributions, or
(b) out of the effect of any appeal or revision of any decision or determination under Part 2, 3, F1695[4, F1696[…]] F1696[…] 5, 6, F1697[7, 7A,] 8, 9 or 10 or this Part on any such claim or question.
[1993 s277(2); 2005 (SW&P) s23 & Sch 1]
(2) Where it appears to the Minister that a question has arisen or may arise as to whether—
(a) the conditions for the receipt of benefit, assistance F1699[…], F1695[child benefit, F1696[…]] F1697[F1698[working family payment], continued payment for qualified children or back to work family dividend] payable under a decision are or were fulfilled, or
(b) a decision that any such benefit, assistance, F1695[child benefit, F1696[…]] F1697[F1698[working family payment], continued payment for qualified children or back to work family dividend] is payable ought to F1700[be revised under this Act],
the Minister may direct that payment of that benefit, assistance, F1695[child benefit, F1696[…]] F1697[F1698[working family payment], continued payment for qualified children or back to work family dividend] shall be suspended in whole or in part until the question has been decided.
[1993 s277(3); 2005 (SW&P) s23 & Sch 1]
(3) F1699[…]
Annotations
Amendments:
F1695
Substituted (1.04.2006) by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 29(1) and sch. 6, commenced as per s. 29(4).
F1696
Deleted (21.07.2010) by Social Welfare (Miscellaneous Provisions) Act 2010 (28/2010), s. 24(5) and sch., commenced on enactment.
F1697
Substituted (6.05.2015) by Social Welfare (Miscellaneous Provisions) Act 2015 (12/2015), s. 14 and sch. item no. 11, commenced on enactment.
F1698
Substituted (1.01.2018) by Social Welfare Act 2017 (38/2017), s. 8(1) and sch. 1, commenced as per subs. (3).
F1699
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.
F1700
Substituted (17.07.2014) by Social Welfare and Pensions Act 2014 (16/2014), s. 22(c), commenced on enactment.
Modifications (not altering text):
C153
Application of section extended and modified (4.06.1998) by Social Welfare (Rent Allowance) Regulations 1998 (S.I. No. 188 of 1998), art. 20 and sch. A, in effect as per art. 2, and continued in force by s. 362(2). {Note for the purposes of Interpretation Act 2005 (23/2005), s. 26(2), the provisions of Social Welfare Consolidation Act 2005 (26/2005), s. 334 relate to the same subject-matter as Social Welfare (Consolidation) Act 1993 (27/1993), s. 277.}
Application of the Act of 1993
20. The provisions of the enactments mentioned in column (1) of Schedule A hereto shall apply to an allowance and in such application shall be modified so that the said provisions shall read as set out in column (2) of the said Schedule.
Schedule A
Article 19
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Section of Act of 1993 to be applied |
Modification |
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(1) |
(2) |
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Section 277 |
277. (2) Where it appears to the Minister that a question has arisen or may arise as to whether— (a) the conditions for the receipt of an allowance payable under a decision are or were fulfilled, or (b) a decision that such allowance is payable he may direct that payment of the allowance shall be suspended in whole or in part until the question has been decided. |
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... |
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Editorial Notes:
E2008
Power pursuant to subs. (1) exercised (13.11.2014) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 6) (Overpayments) Regulations 2014 (S.I. No. 511 of 2014), art. 2(b), which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 246(3).
E2009
Power pursuant to subs. (1) 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), arts. 4(b), 4(c), 4(d), 4(e), 4(f) and 4(g)—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), arts. 242, 243, 244, 246, 247 and substituted art. 249—in effect as per art. 3.
E2010
Power pursuant to subs. (1) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), arts. 242, 243, 244, 246, 247, and 248, in effect as per art. 2.
E2011
Previous affecting provision: power pursuant to subs. (1) exercised (28.01.2013) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 1) (Overpayments) Regulations 2013 (S.I. No. 24 of 2013), art. 5—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 246(3)—in effect as per art. 3; substituted (13.11.2014) as per E-Note above.
E2012
Previous affecting provision: power pursuant to subs. (1) exercised (9.09.2011) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 4) (Overpayments) Regulations 2011 (S.I. No. 461 of 2011), art. 5, which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 246(3); substituted (28.01.2013) as per E-Note above.
E2013
Previous affecting provision: power pursuant to subs. (1) exercised (26.07.2011) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 3) (Overpayments) Regulations 2011 (S.I. No. 392 of 2011), art. 4, which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 246(3); substituted (9.09.2011) as per E-Note above.
E2014
Previous affecting provision: power pursuant to subs. (1) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 249, in effect as per art. 2; substituted (1.10.2011) as per E-Note above.
E2015
Previous affecting provision: subs. (2) amended and subs. (3) deleted 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.
E2016
Previous affecting provision: power pursuant to subs. (1) exercised (1.11.2006) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 13) (Miscellaneous Provisions) Regulations 2006 (S.I. No. 571 of 2006), art. 23—which inserted Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), arts. 146 to 153—in effect as per art. 2; revoked (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 5 and sch. 17, in effect as per art. 2.
E2017
Previous affecting provision: subs. (1)(a) and (2) amended (1.04.2006) by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 29(1) and sch. 6, commenced as per s. 29(4); deleted (21.07.2010) as per F-Note above.
E2018
Previous affecting provision: subs. (1)(a) and (b) amended (1.04.2006) by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 29(1) and sch. 6, commenced as per s. 29(4); deleted (21.07.2010) as per F-Note above.
E2019
Previous affecting provision: power pursuant to statutory precursor of subs. (1) exercised (6.07.2005) by Social Welfare (Recovery of Overpayments) Regulations 2005 (S.I. No. 349 of 2005); continued in force (1.12.2005) by s. 362(2) as if made under this Act); revoked (1.11.2006) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 13) (Miscellaneous Provisions) Regulations 2006 (S.I. No. 571 of 2006), art. 26 and sch. 17, in effect as per art. 2.
E2020
Previous affecting provision: power pursuant to statutory precursor of subs. (1) exercised (5.01.1953) by Social Welfare (General Benefit) Regulations 1953 (S.I. No. 16 of 1953), arts. 7 to 9, in effect as per art. 2; art. 7 construed (8.04.1974) as per Social Welfare (Administration of Pay-Related Benefit) Regulations 1974 (S.I. No. 78 of 1974), art. 4, in effect as per art. 1; continued in force (1.12.2005) by s. 362(2) as if made under this Act; revoked (11.12.2006) by Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 15) (Absence from State and Imprisonment) Regulations 2006 (S.I. No. 696 of 2006), art. 3 and sch. 1.