Social Welfare Consolidation Act 2005
Overpayments.
[1993 s278; 2005 (SW&P) s23 & Sch 1]
335.—Where, in accordance with section 302, 319 or 325, a decision or determination is varied or reversed by a deciding officer, an appeals officer or F1701[a designated person] (as the case may be) so as to disallow or reduce any benefit, assistance, F1702[child benefit,] F1703[…] F1704[F1705[working family payment], continued payment for qualified children or back to work family dividend] paid or payable to a person—
(a) any benefit paid in pursuance of the original decision shall be repayable to the Social Insurance Fund to the extent to which it would not have been payable if the decision on the appeal or revision had been given in the first instance and the person and any other person to whom the benefit was paid on behalf of that person, or the personal representative of that person, shall be liable to pay to the Fund, on demand made in that behalf by an officer of the Minister, the sum so repayable,
(b) any assistance F1706[…], F1702[child benefit,] F1703[…] F1704[F1705[working family payment], continued payment for qualified children or back to work family dividend] paid in pursuance of the original decision shall be repayable to the Minister to the extent to which it would not have been payable if the decision on the appeal or revision had been given in the first instance and the person and any other person to whom that assistance, F1702[child benefit,] F1703[…] F1704[F1705[working family payment], continued payment for qualified children or back to work family dividend] (as the case may be) was paid on behalf of that person, or the personal representative of that person, shall be liable to pay to the Minister, on demand made in that behalf by an officer of the Minister, the sum so repayable,
(c) F1706[…]
(d) any supplementary welfare allowance paid in pursuance of the original determination shall be repayable to the Minister to the extent to which it would not have been payable if the revised decision made in accordance with section 301(2) had been given in the first instance and the person and any other person to whom the supplementary welfare allowance was paid on behalf of that person, or the personal representative of that person, shall be liable to pay on demand by the Minister the sum so repayable.
Annotations
Amendments:
F1701
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.
F1702
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).
F1703
Deleted (21.07.2010) by Social Welfare (Miscellaneous Provisions) Act 2010 (28/2010), s. 24(5) and sch., commenced on enactment.
F1704
Substituted (6.05.2015) by Social Welfare (Miscellaneous Provisions) Act 2015 (12/2015), s. 14 and sch. item no. 12, commenced on enactment.
F1705
Substituted (1.01.2018) by Social Welfare Act 2017 (38/2017), s. 8(1) and sch. 1, commenced as per subs. (3).
F1706
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.
Modifications (not altering text):
C154
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. 335 relate to the same subject-matter as Social Welfare (Consolidation) Act 1993 (27/1993), s. 278.}
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 278 |
278. Where, in accordance with the provisions of section 249 or 264, a decision is varied or reversed by a deciding officer or an appeals officer, as the case may be, so as to disallow or reduce may allowance paid or payable to a person, any allowance paid in pursuance of the original decision shall be repayable to the Minister to the extent to which it would not have been payable if the decision on the appeal or revision had been given in the first instance and such person and any other person to whom the said allowance was paid on behalf of such person, shall be liable to pay the Minister, on demand made in that behalf by an officer of the Minister, the sum so repayable. |
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Editorial Notes:
E2021
Previous affecting provision: section amended 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.
E2022
Previous affecting provision: section 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.
E2023
Previous affecting provision: para. (d) amended by Social Welfare Consolidation Act 2005 (26/2005), s. 364 and sch. 6 para. 4(d), not commenced; repealed (1.10.2011) by Social Welfare and Pensions Act 2008 (2/2008), s. 18(2) and sch. 1, S.I. No. 496 of 2011.