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27 1993

SOCIAL WELFARE (CONSOLIDATION) ACT, 1993

PART VIII

OVERPAYMENTS, REPAYMENTS, SUSPENSION OF PAYMENT, ETC.

Interim payments and suspension of payment.

[1993, s. 31(1)]

277.—(1) Regulations may make provision in relation to matters arising—

(a) pending the decision or determination under Part II, III, IV, V, VI, VII, or this Part (whether in the first instance or on an appeal or reference, and whether originally or on revision) of any claim for benefit, assistance, child benefit or family income supplement or of any question affecting any person's right to any such benefit, assistance, child benefit or family income supplement or to receipt thereof or any person's liability for contributions, or

(b) out of the effect of any appeal or revision of any decision or determination under Part II, III, IV, V, VI, VII, or this Part on any such claim or question.

[1993, s. 31(1)]

(2) Where it appears to the Minister that a question has arisen or may arise as to whether—

(a) the conditions for the receipt of benefit, assistance (other than supplementary welfare allowance), child benefit or family income supplement payable under a decision are or were fulfilled, or

(b) a decision that any such benefit, assistance, child benefit or family income supplement is payable ought to be revised under this section,

he may direct that payment of the said benefit, assistance, child benefit or family income supplement shall be suspended in whole or in part until the question has been decided.

[1993, s. 31(1)]

(3) Where it appears to an officer of a health board who is duly authorised to determine entitlement to supplementary welfare allowance that a question has arisen or may arise as to whether—

(a) the conditions for the receipt of an allowance payable under a determination are or were fulfilled, or

(b) a determination of entitlement ought to be revised under this section,

payment of the supplementary welfare allowance may be suspended in whole or in part until that question has been determined.

Overpayments.

[1993, s. 31(1)]

278.—Where, in accordance with the provisions of sections 249, 264 or 269, a decision or determination is varied or reversed by a deciding officer, an appeals officer or an officer of the health board (as the case may be) so as to disallow or reduce any benefit, assistance, child benefit or family income supplement 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 such person and any other person to whom the benefit was paid on behalf of such person, or the personal representative of such person, shall be liable to pay to the said Fund, on demand made in that behalf by an officer of the Minister, the sum so repayable,

(b) any assistance (other than supplementary welfare allowance under Part III), child benefit or family income supplement 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 assistance, child benefit or family income supplement (as the case may be) was paid on behalf of such person, or the personal representative of such 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) any supplementary welfare allowance paid in pursuance of the original determination shall be repayable to the health board to the extent to which it would not have been payable if the revised determination had been given in the first instance and such person and any other person to whom the supplementary welfare allowance was paid on behalf of such person, or the personal representative of such person, shall be liable to pay on demand by the health board the sum so repayable.

Repayment of benefit, assistance, etc. overpaid.

[1993, s. 31(1)]

279.—Where, in any case, other than a case involving a revised decision or determination in accordance with sections 249, 264 or 269, a person has been—

(a) in receipt of any benefit, assistance, child benefit or family income supplement for any period during which that person was not entitled thereto, or

(b) in receipt of such benefit, assistance, child benefit or supplement at a rate higher than that to which he was entitled,

then that person and any other person to whom such benefit, assistance, child benefit or supplement was paid on behalf of such person, or the personal representative of such person, shall be liable to pay—

(i) to the Social Insurance Fund, in the case of benefit,

(ii) to the Minister, in the case of assistance (other than supplementary welfare allowance), child benefit or family income supplement, and

(iii) to the health board, in the case of supplementary welfare allowance,

on demand any sums paid to that person in respect of the said benefit, assistance, child benefit or supplement during such period or, as the case may be, a sum representing the difference between such benefit, assistance, child benefit or supplement at the rate actually paid and benefit, assistance, child benefit or supplement at the rate to which he was entitled.

Distribution of assets.

[1993, s. 34(1)]

280.—(1) The personal representative of a person who was at any time in receipt of assistance shall, not less than 3 months before commencing to distribute the assets of that person—

(a) inform the Minister, by notice in writing delivered to the Minister, of his intention to distribute the assets, and provide the Minister with a schedule of the assets of the estate, and

(b) if requested in writing by the Minister within 3 months of the furnishing of the notice and schedule of assets referred to in paragraph (a), ensure that sufficient assets are retained, to the extent (if any) appropriate, to repay any sum which may be determined to be due to the Minister or the State (as the case may be) in respect of—

(i) payment of assistance to the person at a time when the person was not entitled to receive such assistance, or

(ii) payment of assistance to the person of an amount in excess of the amount which the person was entitled to receive.

[1993, s. 34(2)]

(2) Notwithstanding any other provision of this Act, for the purposes of determining the sum which is due to the Minister under subsection (1), the means of the deceased person for the period in respect of which assistance was paid to him shall, in the absence of evidence to the contrary, be calculated on the basis that his assets at the time of his death belonged to him for that entire period.

[1993, s. 34(3)]

(3) A personal representative who contravenes subsection (1) and who distributes the assets of the person whose estate he represents without payment of any sum which is due to the Minister in respect of—

(a) payments of assistance to the person at a time when the person was not entitled to receive such assistance, or

(b) payments of assistance to the person of amounts in excess of the amounts which the person was entitled to receive,

shall be personally liable to repay to the Minister an amount equal to the amount (if any) which the Minister would have received if, in the administration of the estate of the person, the sum aforesaid had been duly taken into account and repaid to the Minister to the extent (if any) appropriate, having regard to the assets of the person, and such amount shall be a debt due by the personal representative to the Minister.

[1993, s. 34(4)]

(4) Any proceedings to recover assistance due to the Minister as a debt due to the State under subsection (3) of section 281 shall be maintainable against the estate of a deceased person if brought at any time within the period of 2 years commencing on the date on which the notice and the schedule of assets under paragraph (a) of subsection (1) is received by the Minister or within any other period fixed in any other enactment, whichever is the longer.

Recovery of sums due by civil proceedings or by deduction from other payments.

[1993, s. 31(1)]

281.—(1) All sums due to the Social Insurance Fund, other than in accordance with section 279, shall be recoverable as debts due to the State and, without prejudice to any other remedy (notwithstanding the assignment by any regulations under section 14(2) to the Collector-General or any other person of any function referred to in that section in relation to employment contributions or the assignment by any regulations under section 20(2) to the Collector-General of any function referred to in that section in relation to self-employment contributions) may be recovered by the Minister as a debt under statute or simple contract debt in any court of competent jurisdiction.

[1993, s. 31(1)]

(2) Notwithstanding section 224, or any provision in any other enactment specifying the period within which proceedings may be commenced to recover a debt under statute or simple contract debt, any proceedings for the recovery of any sums due to the Social Insurance Fund by way of employment contributions under section 10(1) or self-employment contributions under section 18(1) may be brought and shall be maintainable at any time.

[1993, s. 31(1)]

(3) All sums due to the Minister, other than in accordance with section 279, under this Act shall be recoverable as debts due to the State and may, without prejudice to any other remedy, be recovered by the Minister as a debt under statute or simple contract debt in any court of competent jurisdiction.

[1993, s. 31(1)]

(4) Every sum repaid to or recovered by the Minister under this Act shall be paid into or disposed of for the benefit of the Exchequer or the Social Insurance Fund, as appropriate, in such manner as the Minister for Finance shall direct.

[1993, s. 31(1)]

(5) All sums due to a health board under this Act shall be recoverable as debts due to the State and may, without prejudice to any other remedy, be recovered by the health board as a debt under statute or simple contract debt in any court of competent jurisdiction.

[1993, s. 31(1)]

(6) Any benefit or assistance repayable in accordance with section 278 or section 279 may, without prejudice to any other method of recovery, be recovered by deduction from any benefit or assistance (except supplementary welfare allowance) to which such person then is or becomes entitled.

[1993, s. 31(1)]

(7) (a) Any child benefit repayable in accordance with section 278 or section 279 may, without prejudice to any other method of recovery, be recovered by deduction from any payment or payments on account of child benefit to which such person then is or becomes entitled.

(b) Any family income supplement repayable in accordance with section 278 or section 279 may, without prejudice to any other method of recovery, be recovered by deduction from any payment or payments on account of family income supplement to which such person then is or becomes entitled.

[1993, s. 31(1)]

(8) The power conferred on the Minister by this section to deduct from any payments on account of benefit, assistance, child benefit or family income supplement to which a person becomes entitled any sums payable by the person to the Minister or the health board under this section, 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 or the health board as aforesaid or that an order has been made by a court requiring the payment by the person of the sums which he is liable to pay to the Minister or the health board under this section, and any costs required by such order to be paid to the Minister or the health board shall be deemed, for the purposes of this section, to be sums payable by the person to the Minister or the health board (as the case may be) under this section.

Repayment of amounts due to be deferred, suspended, reduced or cancelled.

[1993, s. 31(1)]

282.—Notwithstanding anything to the contrary, where a person is required to repay an amount of any benefit, assistance (other than supplementary welfare allowance), child benefit or family income supplement in accordance with the provisions of this Act, an officer of the Minister authorised by him for this purpose or in the case of supplementary welfare allowance an officer of a health board may, in accordance with such code of practice as shall be prescribed, defer, suspend, reduce or cancel repayment of any such amount.

Effect of decision for purposes of proceedings.

[1993, s. 31(1)]

283.—In any proceedings for an offence under this Act, or in any proceedings involving any issue related to the payment of contributions, or for the recovery of any sums due to the Minister or the Social Insurance Fund, a decision on any question relevant to the proceedings given in accordance with this Act shall, unless an appeal or reference in respect of the decision is pending or the prescribed time for appealing against the decision has not expired, be conclusive for the purpose of those proceedings and—

(a) if any such decision which might be so given has not been obtained and the decision is necessary for the determination of the proceedings, the question shall be submitted for decision in accordance with this Act, and

(b) where any such appeal or reference is pending or the time for so appealing has not expired or any question has been submitted under paragraph (a), the court dealing with the case shall adjourn the proceedings until such time as a final decision on the question has been obtained.