Social Welfare Consolidation Act 2005

Repayment of benefit, assistance, etc., overpaid.

[1993 s279; 2005 (SW&P) s23 & Sch 1]

336

336.—Where, in any case, other than a case involving a revised decision or determination in accordance with section 302, 319 or 325, a person has been—

(a) in receipt of any benefit, assistance, F1707[child benefit,] F1708[] F1709[F1710[working family payment], continued payment for qualified children or back to work family dividend] for any period during which that person was not entitled thereto, or

(b) in receipt of that benefit, assistance, F1707[child benefit,] F1708[]F1709[supplement, payment or dividend] at a rate higher than that to which he or she was entitled,

then that person and any other person to whom that benefit, assistance, F1707[child benefit,] F1708[] F1709[supplement, payment or dividend] was paid on behalf of that person, or the personal representative of that person, shall be liable to pay—

(i) to the Social Insurance Fund, in the case of benefit, F1711[and]

F1712[(ii) to the Minister, in the case of assistance, child benefit, F1708[] F1709[F1710[working family payment], continued payment for qualified children or back to work family dividend],]

(iii) F1713[]

on demand, any sums paid to that person in respect of that benefit, assistance, F1707[child benefit,] F1708[] F1709[supplement, payment or dividend] during that period or, as the case may be, a sum representing the difference between that benefit, assistance, F1707[child benefit,] F1708[] F1709[supplement, payment or dividend] at the rate actually paid and benefit, assistance, F1707[child benefit,] F1708[] F1709[supplement, payment or dividend] at the rate to which the person was entitled.

Annotations

Amendments:

F1707

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).

F1708

Deleted (21.07.2010) by Social Welfare (Miscellaneous Provisions) Act 2010 (28/2010), s. 24(5) and sch., commenced on enactment.

F1709

Substituted (6.05.2015) by Social Welfare (Miscellaneous Provisions) Act 2015 (12/2015), s. 14 and sch. item no. 13, commenced on enactment.

F1710

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

F1711

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

F1712

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.

F1713

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):

C155

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. 336 relate to the same subject-matter as Social Welfare (Consolidation) Act 1993 (27/1993), s. 279.}

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

Section of Act of 1993 to be applied

Modification

(1)

(2)

...

...

Section 279

279. Where in any case, other than a case involving a revised decision in accordance with section 249 or 264, a person has been in receipt of an allowance—

(a) for any period during which that person was not entitled thereto, or

(b) rate higher than that to which he or she was entitled,

then that person and any other person to whom such allowance was paid on his or her behalf, or his or her personal representative, shall be liable to pay the Minister on demand any sums paid in respect of such period, or as the case may be, a sum representing the difference between such allowance at the rate actually paid and the rate to which he was entitled.

...

...

Editorial Notes:

E2024

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.

E2025

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.