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Social Welfare Consolidation Act 2005
Recovery of debts.
[1998 s20(1); 2005 (SW&P) s23 & Sch 1]
338.—Where a person has received moneys from the Department of Social and Family Affairs, which he or she was not entitled to receive, the person shall be liable to repay—
(a) to the Social Insurance Fund, in the case of benefit, F1719[and]
F1720[(b) to the Minister, in the case of assistance, child benefit, early childcare supplement, F1721[F1722[working family payment], continued payment for qualified children or back to work family dividend],]
(c) F1723[…]
on demand a sum not exceeding the amount of the money received.
Annotations
Amendments:
F1719
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.
F1720
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.
F1721
Substituted (6.05.2015) by Social Welfare (Miscellaneous Provisions) Act 2015 (12/2015), s. 14 and sch. item no. 15, commenced on enactment.
F1722
Substituted (1.01.2018) by Social Welfare Act 2017 (38/2017), s. 8(1) and sch. 1, commenced as per subs. (3).
F1723
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:
E2038
Liability to repay further provided for (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. 4(e), which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 200.
E2039
Previous affecting provision: section amended (21.07.2010) by Social Welfare (Miscellaneous Provisions) Act 2010 (28/2010), s. 24(5) and sch., commenced on enactment; substituted (1.10.2011) as per F-Note above.
E2040
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provision: section amended by Social Welfare and Pensions Act 2007 (8/2007), s. 25(2) and sch. 1, not commenced; repealed (7.03.2008) by Social Welfare and Pensions Act 2008 (2/2008), s. 25(b) and (d), commenced on enactment.
E2041
Previous affecting provision: liability to repay further provided for (30.04.2009) by Social Welfare (Consolidated Claims, Payments and Control) (Domiciliary Care Allowance) (Amendment) (No. 3) Regulations 2009 (S.I. No. 162 of 2009), art. 8, which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 200; substituted (12.11.2012) as per E-Note above.
E2042
Previous affecting provision: liability to repay further provided for (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 200; substituted (12.11.2012) as per E-Note above.
E2043
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); substituted (1.10.2011) as per F-Note above.