Social Welfare Consolidation Act 2005
F1738[Repayment of amounts due to be deferred, suspended, reduced or cancelled.]
[1993 s282; 2005 (SW&P) s21(c), 23 & Sch 1]
F1738[342.— Notwithstanding anything to the contrary and subject to section 342A, where a person is required to repay an amount of any—
(a) benefit described in section 39(1),
(b) assistance described in section 139(1),
(c) child benefit,
(d) F1739[carer’s support grant],
(e) F1740[working family payment],
(f) continued payment for F1741[qualified children,]
F1742[(fa) back to work family dividend, or]
(g) payment pursuant to section 239,
in accordance with this Act, an officer of the Minister authorised by him or her for this purpose may, subject to the conditions and in the circumstances that shall be prescribed, defer, suspend, reduce or cancel repayment of any such amount.]
Annotations
Amendments:
F1738
Substituted (1.10.2011) by Social Welfare and Pensions Act 2011 (9/2011), s. 10(3), S.I. No. 494 of 2011.
F1739
Substituted (1.01.2016) by Social Welfare and Pensions Act 2015 (47/2015), s. 5(1) and sch. 2, commenced as per subs. (3).
F1740
Substituted (1.01.2018) by Social Welfare Act 2017 (38/2017), s. 8(1) and sch. 1, commenced as per subs. (3).
F1741
Substituted (6.05.2015) by Social Welfare (Miscellaneous Provisions) Act 2015 (12/2015), s. 14 and sch. item no. 18, commenced on enactment.
F1742
Inserted (6.05.2015) by Social Welfare (Miscellaneous Provisions) Act 2015 (12/2015), s. 14 and sch. item no. 18, commenced on enactment.
Editorial Notes:
E2049
Power pursuant to section 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).
E2050
Power pursuant to section 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(e)—which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 246—in effect as per art. 3.
E2051
Power pursuant to section exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 246, in effect as per art. 2.
E2052
Previous affecting provision: power pursuant to section 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.
E2053
Previous affecting provision: power pursuant to section 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)—in effect as per art. 3; substituted (28.01.2013) as per E-Note above.
E2054
Previous affecting provision: power pursuant to section 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)—in effect as per art. 3; substituted (9.09.2011) as per E-Note above.
E2055
Previous affecting provision: section substituted (29.06.2011) by Social Welfare and Pensions Act 2011 (9/2011), s. 17, commenced on enactment; substituted (1.10.2011) as per F-Note above.
E2056
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 (29.06.2011) as per E-Note above.
E2057
Previous affecting provision: section amended by Social Welfare and Pensions Act 2008 (2/2008), s. 18(2) and sch. 1, not commenced; repealed (1.10.2011) by Social Welfare and Pensions Act 2011 (9/2011), s. 10(6), S.I. No. 494 of 2011.
E2058
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.
E2059
Previous affecting provision: power pursuant to section 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. 150—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.
E2060
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 E-Note above.
E2061
Previous affecting provision: power pursuant to statutory precursor of section 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.