Social Welfare and Pensions Act 2014

16.

Recovery of sums due by deduction from certain payments

16. Section 341 of the Principal Act is amended—

(a) by substituting the following subsection for subsection (9):

“(9) Any benefit, assistance, supplement or payment repayable by a person in accordance with section 335, 336, 337 or 338 may, without prejudice to any other method of recovery, be recovered by deduction, subject to the conditions and in the circumstances that shall be prescribed, from—

(a) any payment under section 34A or 36,

(b) any payment made in accordance with regulations made under section 34, 34A, 35 or 37,

(c) any payment under section 32 of the Redundancy Payments Act 1967, and

(d) any payment under section 6 of the Protection of Employees (Employers’ Insolvency) Act 1984,

being or to be made to the person concerned.”,

and

(b) by inserting the following subsection after subsection (9):

“(10) The powers conferred on the Minister by this section to deduct any sums repayable in accordance with section 335, 336, 337 or 338 may be exercised, notwithstanding that proceedings have been instituted in a court for the recovery of the sums which the person is liable to repay to the Minister as aforesaid or that an order has been made by a court requiring the payment by the person of the sums which he or she is liable to pay to the Minister under this section, and any costs required by that order to be paid to the Minister are deemed, for the purposes of this section, to be sums repayable by the person to the Minister in accordance with those sections.”.