Social Welfare Consolidation Act 2005

Type Act

Publication 2005-11-27

Last updated 2026-01-21

State In force

Source Irish Statute Book

articles 542

(b) shall, where he or she enters into such agreement, by order specify the person with whom the agreement has been entered into and the period for which that agreement has effect.

F1612[(4) A deduction and payment made pursuant to this section shall cease—

(a) where the beneficiary—

(i) ceases, upon his or her death or otherwise, to be a tenant of a housing body,

(ii) ceases, upon his or her death or otherwise, to be a tenant of a dwelling that is the subject of housing assistance undersection 39of the Housing (Miscellaneous Provisions) Act 2014, or

(iii) otherwise ceases to be entitled to a benefit prescribed under this section,

(b) where such deduction and payment are discontinued in accordance with this section.]

(5) A deduction and payment made pursuant to this section shall be discontinued where the housing body concerned consents to such discontinuance and a housing body shall not unreasonably withhold its consent to such discontinuance.

(6) The Minister may, after consultation with the Minister for Environment, Community and Local Government, make regulations in respect of all or any of the following:

(a) the form and manner of an application for—

(i) the deduction and payment pursuant to this section, and

(ii) the discontinuance of such deduction and payment pursuant to this section;

(b) the form and manner of an application for the variation of—

(i) an amount, subject tosection 290B, to be deducted and paid to a housing body, and

(ii) the housing body to which the payment is made;

(c) the form and manner of an application to a housing body for consent to the discontinuance of a deduction and payment pursuant to this section;

(d) any documentation relating to an application referred to inparagraphs (a)to(c);

(e) the benefits from which deductions pursuant to this section are made.

(7) In this section‘housing body’means—

(a) a housing authority within the meaning of section 23 (F1613[as amended by theLocal Government Reform Act 2014]) of theHousing (Miscellaneous Provisions) Act 1992, or

(b) a body standing approved of for the purposes ofsection 6of theHousing (Miscellaneous Provisions) Act 1992.]

290B. F1614[Limitations on budgeting under sections 290 and 290A.

290B.—(1) Where a sum of money is to be deducted undersection 290Afrom a benefit to which that section applies that is payable to a beneficiary to which that section applies, the deduction shall not exceed 25 per cent of the weekly rate of that benefit.

(2) Where the withholding of an amount of benefit is to be made undersection 290from a benefit under that section payable to a beneficiary under that section, the deduction shall not exceed 25 per cent of the weekly rate of that benefit.

(3) Where an amount of benefit is withheld undersection 290in respect of a beneficiary referred to in that section and—

(a) that beneficiary and that benefit are, respectively, a beneficiary to whom, and a benefit to which,section 290Aalso applies, and

(b) that beneficiary makes an application undersection 290Afor a deduction from that benefit in respect of the same week,

the deduction undersection 290Ashall, subject tosubsection (1), be made in the first instance and the withholding of an amount of benefit undersection 290shall only continue to be made where—

(i) the amount of the deduction undersection 290Ais less than 25 per cent of the weekly rate of benefit payable to that beneficiary in that week, and

(ii) the combined amount of a deduction undersection 290Aand a withheld amount undersection 290does not exceed 25 per cent of the weekly rate of benefit payable to that beneficiary in that week.]

291. Regulations in relation to unpaid rent. [Housing (MP) Act 1997 s17]

291.—The Minister may, after consultation with the Minister for the Environment, Heritage and Local Government, make regulations to provide that where rent due to a housing authority by a beneficiary is unpaid for a specified period or where the amount of rent unpaid exceeds a specified amount, an amount of the beneficiary’s benefit may, notwithstanding any provision of this Act, on application by the housing authority to the Minister, be withheld without the beneficiary’s consent and paid separately by the Minister to the housing authority, provided that the amount so withheld in any week shall not exceed the amount of the weekly rent payable by the beneficiary.

292. Regulations varying rates of benefit or assistance. [1993 s241(1)]

292.—(1) Notwithstanding anything in this Act the Minister may by regulations increase temporarily or vary all or any of the rates of benefit (other than F1615[child benefit, early childcare supplement] or F1616[working family payment]).

[1993 s241(2)]

(2) Regulations under subsection (1) shall not so vary the rate of any benefit as to reduce the amount of the rate payable at the commencement of the regulations.

293. Effect of means on certain rates of assistance. [1993 s242; 2001 s37(1)(b)]

293.—Notwithstanding the provisions of this Act, in the case of a person who is in receipt of any assistance under Part 3 and whose means exceed a prescribed amount, the Minister may by regulations, where the amount payable is not a multiple of €2.50, increase that amount to the next multiple of €2.50 in respect of the class of person or classes of persons that may be prescribed.

294. Regulations in relation to benefit or assistance. [1993 s243]

294.—The Minister may make regulations in relation to any benefit, and the regulations may apply (with or without modification) or make provisions corresponding (with or without modification) to any provisions of this Act.

295. Application of provisions of this Act, etc., by regulations. [1993 s244(1)]

295.—(1) In the case of any section of this Act which confers powers on the Minister to apply by regulations any provisions of this Act to matters referred to in that section, those powers are deemed to include powers to apply any provisions of any enactment, whether passed before or after 26 March 1989, which amends or extends this Act.

[1993 s244(2)]

(2) The powers conferred on the Minister under section 23(3) of the Housing (Private Rented Dwellings) Act 1982 in relation to regulations under subsection (1) of that section (which relates to payments under the rent allowance scheme) to apply (with or without modification), or make provision corresponding (with or without modification) to, any provisions of this Act are deemed to include powers to apply any provisions of, or provisions made under, any enactment, whether passed before or after 26 March 1989, which amends or extends this Act.

296. Payment of increases in respect of qualified children. [1993 s245]

296.—The Minister may provide by regulations for the payment of increases in respect of qualified children at the full rate to either parent of the children concerned notwithstanding that each parent is entitled to an increase in benefit in respect of qualified children.

296A. F1617[Normal residence of qualified child.

296A.—...]

297. Regulations in relation to payment of qualified adult increase in certain cases. [1995 s15(1); 1997 s28(4) & Sch F]

297.—(1) Subject to subsection (2), regulations may provide for entitling to an increase of benefit or assistance (other than supplementary welfare allowance), as the case may be, payable in respect of a qualified adult, a claimant or beneficiary who would be entitled to an increase but for the fact that his or her spouse F1618[, civil partner or cohabitant] has income in excess of a prescribed amount.

[1995 s15(1)]

(2) Regulations for the purposes of subsection (1) shall provide that the increase payable by virtue of those regulations shall be payable at a rate less than the appropriate rate specified in Schedule 2 or 4, as the case may be, and the rate specified by the regulations may vary by reference to the amount by which the income of the spouse F1618[, civil partner or cohabitant] exceeds the amount prescribed for the purposes of subsection (1).

[1995 s15(1); 2000 s20(1)]

(3) In this section “benefit” means benefit under Part 2.

298. Qualified adult (administrative schemes). [2004 (MP) s19]

298.—(1) A person who, apart from this section, would be a qualified adult for the purposes of a scheme to which this section applies shall not be a qualified adult for the purposes of that scheme unless the person is a spouse F1619[, civil partner or cohabitant] within the meaning of this Act.

[2004 (MP) s19]

(2) Notwithstanding any enactment but without prejudice to subsection (1), the circumstances in which there arises an entitlement to—

(a) an allowance under a scheme to which this section applies, or

(b) an increase in the amount of that allowance,

by reference to the status or description of one or both, or all, of 2 or more persons residing or living together are those circumstances expressly set out in the scheme and not otherwise.

[2004 (MP) s19]

(3) This section applies to the following schemes administered by the Minister and known as—

(a) the Free Travel Scheme,

(b) the National Fuel Scheme,

(d) the Back to Education Allowance,

(e) the Back to School Clothing and Footwear Allowance,

(f) the Back to Work Allowance (Employees),

(g) the Back to Work Enterprise Allowance,

(h) the Smokeless Fuels Allowance, and

(i) the Household Benefits Package,

being, in each case, the scheme in the terms as it has effect on 1 April 2004.

298A. F1621[Status of persons engaged in work experience pursuant to certain placements.

298A.—F1622[(1) A person who is engaged by another person to carry out work or perform any duty or service pursuant to a placement under—

(a) the work placement programme within the meaning ofsubsection (3)ofsection 142B,

(b) the schemeF1623[administered by the Minister]and known as the national internship scheme, or

(c) any variation, extension or replacement of the programme referred to inparagraph (a)or scheme referred to in paragraph (b),

shall, for the purposes of any enactment or rule of law (other than the Tax Acts and theSafety, Health and Welfare at Work Act 2005), be deemed not to be an employee of the other person or to carry out such work or perform such duties pursuant to a contract of service.]

(2) The Minister shall, for the purposes of any enactment or rule of law, be deemed not to be the employer of the person first-mentioned insubsection (1).]

Chapter 1

299. F1626[Appointment of deciding officers and designated persons.

299.—(1) The Minister may appoint such and so many persons as he or she thinks proper to be deciding officers for the purposes of any provision or provisions of this Act, and every person so appointed shall be a deciding officer during the pleasure of the Minister.

(2) The Minister may appoint such and so many persons as he or she thinks proper to be designated persons for the purposes of the determination of the entitlement of any person to supplementary welfare allowance and the amount of any such allowanceF1627[and the Minister may at any time terminate an appointment under this subsection whether or not the appointment was for a fixed period].]

F1628[(3) An appointment as a designated person undersubsection (2)shall cease—

(a) if the Minister terminates the appointment,

(b) if it is made for a fixed period, on the expiry of that period, or

300. Decisions by deciding officers. [1993 s247(1); 1997 s29(1)(a)]

300.—(1) Subject to this Act, every question to which this section applies shall, save where the context otherwise requires, be decided by a deciding officer.

[1993 s247(2); 2005 (SW&P) s7(1)(d) & 10(e)]

(2) F1629[Subject tosubsections (3)and(3A),] this section applies to every question arising under—

(a) Part 2 (social insurance) being a question—

(i) in relation to a claim for benefit,

(ii) as to whether a person is or was disqualified for benefit,

(iii) as to the period of any disqualification for benefit,

(iv) as to whether an employment is or was insurable employment or insurable (occupational injuries) employment,

(v) as to whether a person is or was employed in an insurable employment or insurable (occupational injuries) employment,

(vi) as to the rate of employment contribution which is or was payable by an employer in respect of an employed contributor,

(vii) as to who is or was the employer of an employed contributor,

(viii) as to whether a person is or was entitled to become a voluntary contributor,

(ix) on any other matter relating to Part 2 that may be prescribed,

(x) as to whether an employment is or was an insurable self-employment,

(xi) as to whether a person is or was in insurable F1630[self-employment,]

(xii) as to the rate of self-employment contribution which is or was payable by a self-employed contributor,

F1631[(xiii) as to whether a contribution is or was payable in accordance withChapter 5Aor5BofPart 2, or

(xiv) as to the rate of contribution which is or was payable in accordance withChapter 5Aor5BofPart 2,]

(b) Part 3 (social assistance) other than Chapter 9 (supplementary welfare allowance),

F1632[(ca)] F1633[…]

(d) Part 5 (F1634[carer’s support grant]),

(e) Part 6 (F1635[working family payment]),

(f) Part 7 (continued payment for qualified children),

F1636[(fa)Part 7A(back to work family dividend),]

(g) Part 8 (EU payments),

(h) Part 9 (general provisions relating to social insurance, social assistance F1637[and insurability), and]

F1638[(hh)Part 11B(recovery of certain benefits and assistance), being a question as to whether—

(i) a benefit, or any part of a benefit, underPart 2, or

(ii) any assistance, or any part of any assistance, underPart 3,

specified in a statement of recoverable benefits or a revised statement of recoverable benefits is a recoverable benefitF1639[within the meaning ofPart 11B.]]

(i) F1640[…]

F1641[(2A) Nothing in this Act shall prevent the Minister from providing for an application to be made by electronic means in respect of a matter specified insubsection (2)and the entitlement or otherwise to any such matter and any such electronic application is without prejudice tosubsection (1).

(2B) Without prejudice to the generality ofsubsection (2A), nothing in this Act shall prevent the Minister from providing for the award of a payment in relation to any matter referred to insubsection (2)pursuant to an electronic application.

(2C) Where, pursuant to the making of an electronic application referred to insubsection (2A)or the award of a payment referred to insubsection (2B), any question arises in respect of—

(a) that electronic application, including any question as to whether the person who made the application is or was entitled to an award in respect of a matter specified insubsection (2), or

(b) that payment, including any question in respect of the amount of the payment, or the rate at which the payment is made or the person to whom it is paid,

shall be decided in accordance withsubsection (1).]

[1999 s30(1)(b)]

(3) In the case of a deciding officer who is a bureau officer this section also applies to every question arising under Chapter 9 of Part 3.

F1642[(3A) The following categories of claims for supplementary welfare allowance shall be decided by a deciding officer:

(a) a claim made undersection 197in any case where—

(i) a person has made an application for such benefit underPart 2or such assistance underPart 3, as is prescribed, and

(ii) entitlement to that benefit or assistance has not yet been decided or has been decided and that decision is the subject of an appeal undersection 311;

(b) a claim undersection 198for a supplement towards the amount of rent or mortgage interest payable by a person in respect of his or her residence in a case included in such categories of cases as are prescribed.]

[1993 s247(3)]

(4) A reference in subsection (2)(a) to a question arising in relation to a claim for benefit includes a reference to a question whether benefit is or is not or was or was not payable.

[2003 (MP) s11]

(5) Notwithstanding subsections (1) to (4) and subject to subsection (7), where a person is in receipt of child benefit, the Minister may provide for the award of child benefit to that person in respect of a second or subsequent child on receipt of the information that may be prescribed, verified in the manner that may be prescribed, where the Minister is satisfied that the information is adequate to ensure that the award is made in accordance with this Act.

[2005 (SW&P) s16(a)]

(6) Notwithstanding subsections (1) to (4) and subject to subsection (8), the Minister may provide for the award of a bereavement grant or a payment under section 248, in the circumstances and subject to the conditions that may be prescribed, on receipt of information that may be prescribed, verified in the manner that may be prescribed, where the Minister is satisfied that the information is adequate to ensure that the award is made in accordance with this Act.

[2003(MP) S11]

(7) In the case of an award made under subsection (5), any question which arises subsequently in relation to whether child benefit is or is not payable, or in relation to who is entitled to receive child benefit, shall be referred to a deciding officer for decision.

[2005 (SW&P) s16(a)]

(8) In the case of an award made under subsection (6), any question which arises subsequently in relation to whether a bereavement grant or a payment under section 248 is or is not payable, or in relation to who is entitled to receive a bereavement grant or a payment under section 248, shall be referred to a deciding officer for decision.

F1643[(9) In the case of an award made undersection 113A, any question which arises in relation to whetherF1644[State pension (contributory)]is or is not payable, or in relation to who is entitled to receive anF1644[State pension (contributory)], shall be referred to a deciding officer for decision.]

F1645[(10) In the case of an award made undersubsection 113B, any question which arises in relation toF1646[whether State pension (contributory)]is or is not payable, or in relation to who is entitled toF1647[receive a State pension (contributory)], shall be referred to a deciding officer for decision.]

300A. F1648[Opinion of medical assessor

300A.(1) In determining a person’s entitlement (whether in respect of a decision undersection 300or a revised decision undersection 301) to a benefit, assistance or aF1649[carer’s support grant], as the case may be, the opinion of a medical assessor may be sought in respect of, but not limited to, any of the following questions:

(a) whether the person is—

(i) for the purposes ofsection 40orsection 74, as the case may be, incapable of work, or

(ii) for the purposes ofsection 118, permanently incapable of work;

(b) the level of restriction, for the purposes ofsection 46A, on the person’s capacity for work in relation to the capacity for work of a person of the same age who has no restriction on his or her capacity for work;

(c) whether, for the purposes ofChapter 9orChapter 10ofPart 2, the woman concerned is expected to be or has been confined within the meaning ofsection 51;

(d) whether, for the purposes ofsection 72—

(i) the accident, in respect of which the opinion is sought, could have arisen out of and in the course of the insured person’s employment, and

(ii) the insured person’s injury is consistent with that accident;

(e) the extent, for the purposes ofsection 75, of the disablement resulting from the loss of physical or mental faculty suffered by an insured person as a result of personal injury caused on or after 1 May 1967 by accident arising out of and in the course of his or her employment;

(f) whether, for the purposes ofsection 77, a person entitled to disablement pension is, as a result of the relevant loss of faculty, incapable of work and likely to remain permanently so incapable;

(g) whether, for the purposes ofsection 78, a person entitled to disablement pension in respect of an assessment of 50 per cent or more requires constant attendance as a result of the relevant loss of faculty;

(h) whether, for the purposes ofsection 80, the death of an insured person is as a result of personal injury caused on or after 1 May 1967 by accident arising out of and in the course of his or her employment;

(i) whether, for the purposes ofsection 85, the person, as a result of the injury or disease arising out of and in the course of his or her employment—

(i) is or could be treated as being incapable of work and likely to remain permanently so incapable, or

(ii) requires constant attendance;

(j) whether, for the purposes ofsection 87, an insured person has a disease or injury prescribed under that section which—

(i) could have arisen out of and in the course of the insured person’s employment, and

(ii) developed on or after 1 May 1967;

(k) whether the relevant accident, within the meaning ofsection 69, was an occupational accident for the purposes ofsection 90;

(l) whether the person, in respect of whose care a claim has been made or is in payment, is a relevant person for the purposes ofChapter 14ofPart 2,Chapter 8ofPart 3orPart 5, as the case may be;

(m) whether, for the purposes ofsection 161A, the person is so blind that he or she—

(i) cannot perform any work for which eyesight is essential, or

(ii) cannot continue his or her ordinary occupation;

(n) whether a child is a qualified child for the purposes ofChapter 8AofPart 3;

(o) whether, for the purposes ofsection 210, the person, by reason of a specified disability, is substantially restricted in undertaking employment of a kind which, if the person was not suffering from that disability, would be suited to that person’s age, experience and qualifications.

(2) Where the opinion of a medical assessor is sought in accordance withsubsection (1), the medical assessor shall assess all of the relevant information available to him or her and shall provide an opinion on the question put to him or her.

(3) Where a medical assessor provides an opinion in accordance withsubsection (2), a deciding officer shall have regard to that opinion in deciding the question in respect of which the opinion was sought.

(4) In this section‘relevant loss of faculty’has the meaning assigned to it bysection 69.]

301. Revision of decisions by deciding officers. [1993 s248(1)]

301.—F1650[(1) A deciding officer may at any time—

(a) revise any decision of a deciding officer—

(i) where it appears to him or her that the decision was erroneous—

(I) in the light of new evidence or new facts which have been brought to his or her notice since the date on which the decision was given, or

(II) by reason of some mistake having been made in relation to the law or the facts,

(ii) where—

(I) the effect of the decision was to entitle a person to any benefit within the meaning ofsection 240, and

(II) it appears to the deciding officer that there has been any relevant change of circumstances which has come to notice since that decision was given,

(b) revise any decision of an appeals officer where—

(i) the effect of the decision of the appeals officer was to entitle a person to any benefit within the meaning ofsection 240, and

(ii) it appears to the deciding officer that there has been any relevant change of circumstances which has come to notice since the decision of the appeals officer was given,

and the provisions of this Part as to appeals apply to a revised decision under this subsection in the same manner as they apply to an original decision of a deciding officer.]

[1999 s30(1)(c); 2005 (SW&P) s23 & Sch 1]

(2) A deciding officer who is a bureau officer may at any time make a decision revising a determination of an employee of the Executive, including F1651[a designated person in relation] to entitlement to supplementary welfare allowance where it appears to the deciding officer that the determination ought to be revised having regard to the facts as they are established to the satisfaction of the deciding officer and the application of this Act to those facts and the provisions of this Part as to appeals shall apply to the revised decision in the same manner as they apply to an original decision of a deciding officer.

F1652[(2A) A deciding officer may at any time revise any determination of a designated person—

(a) where it appears to him or her that the determination was erroneous—

(i) in the light of new evidence or new facts which have been brought to his or her notice since the date on which the determination was made, or

(ii) by reason of some mistake having been made in relation to the law or the facts,

(b) where—

(i) the effect of the determination was to entitle a person to supplementary welfare allowance, and

(ii) it appears to the deciding officer that there has been any relevant change of circumstances which has come to notice since that determination was made,

and the provisions of this Part as to appeals shall apply to a decision of a deciding officer under this subsection in the same manner as they apply to an original decision of a deciding officer.]

[1993 s248(2)]

(3) Subsection (1)(a) shall not apply to a decision relating to a matter which is on appeal or reference under section 303 or 311 unless the revised decision would be in favour of a claimant.

[1999 s30(1)(d)]

F1651[(4)Subsection (2)or(2A)does not apply to a determination relating to a matter which is on appeal undersection 311unless the decision of a deciding officer undersubsection (2A)or the revised decision undersubsection (1), as the case may be, would be in favour of the claimant.]

F1653[(5) Insubsections (1)(a)(ii)(II),(1)(b)(ii)and(2A)(b)(ii), the reference to any relevant change of circumstances means any relevant change of circumstances that occurred before, or occurs on or after, the coming into operation of the Social Welfare and Pensions (No. 2) Act 2013.]

302. Effect of revised decisions by deciding officers. [1993 s249; 1999 s30(2) & Sch F]

302.—A revised decision given by a deciding officer shall take effect as follows:

(a) where any benefit, assistance, F1654[child benefit,] F1655[…] F1656[F1657[working family payment], continued payment for qualified children or back to work family dividend] will, by virtue of the revised decision be disallowed or reduced and the revised decision is given owing to the original decision or determination having been given, or having continued in effect, by reason of any statement or representation (whether written or verbal) which was to the knowledge of the person making it false or misleading in a material respect or by reason of the wilful concealment of any material fact, it shall take effect from the date on which the original decision or determination took effect, but the original decision or determination may, in the discretion of the deciding officer, continue to apply to any period covered by the original decision or determination to which the false or misleading statement or representation or the wilful concealment of any material fact does not relate;

(b) where any benefit, assistance, F1654[child benefit,] F1658[…] F1656[F1657[working family payment], continued payment for qualified children or back to work family dividend] will, by virtue of the revised decision be disallowed or reduced and the revised decision is given in the light of new evidence or new facts (relating to periods before and after the commencement of this Act) which have been brought to the notice of the deciding officer since the original decision or determination was given, it shall take effect from the date that the deciding officer shall determine having regard to the new facts or new evidence and the circumstances of the case;

(c) in any other case, it shall take effect as from the date considered appropriate by the deciding officer having regard to the circumstances of the case.

303. Reference by deciding officer to appeals officer. [1993 s250]

303.—A deciding officer may, where he or she thinks proper, instead of deciding it himself or herself, refer in the prescribed manner any question to be decided by the deciding officer to an appeals officer.

Chapter 2

304. Appointment of appeals officers. [1993 s251; 1996 s30(1)(a)]

F1659[304.—The Minister may appoint such and so many persons as he or she thinks proper to be appeals officers for the purposes of any provision or provisions of this Act, and every person so appointed shall be an appeals officer during the pleasure of the Minister.]

305. Chief Appeals Officer. [1993 s252]

F1660[305.(1) The Minister shall designate—

(a) one of the appeals officers who is an officer of the Minister to be the Chief Appeals Officer, and

(b) one or more of the other appeals officers (not being an officer designated underparagraph (a)) who are officers of the Minister to act as the deputies for the Chief Appeals Officer when the Chief Appeals Officer is not available.

(2) An appeals officer who is designated by the Minister undersubsection (1)to act as deputy for the Chief Appeals Officer shall, when so acting be referred to as the Deputy Chief Appeals Officer.]

306. Reference to High Court. [1993 s253]

306.—The Chief Appeals Officer may, where he or she considers it appropriate, refer any question which has been referred to an appeals officer, other than a question to which section 320 applies, for the decision of the High Court.

307. Appeals to Circuit Court. [1997 s34; 1999 s29(1)]

307.—(1) Whenever a person has appealed a decision of a deciding officer F1661[(other than a decision of a deciding officer who is a bureau officer)] then, where the Chief Appeals Officer certifies that the ordinary appeals procedures set out in this Chapter are inadequate to secure the effective processing of that appeal, the Chief Appeals Officer shall cause a direction to be issued to the person who has submitted the appeal directing the person to submit the appeal not later than 21 days from receipt of the direction to the Circuit Court and the Circuit Court may, on hearing the appeal as it thinks proper, affirm the decision or substitute the decision of the deciding officer in accordance with this Act and on the same evidence as would otherwise be available to the Appeals Officer.

F1662[(1A) Whenever a person has, on or after the coming into operation ofsection 7of the Social Welfare Act 2019, appealed a decision of a deciding officer who is a bureau officer, the Chief Appeals Officer shall cause a direction to be issued to the person who has submitted the appeal directing the person to submit the appeal not later than 21 days from receipt of the direction to the Circuit Court and the Circuit Court may, on hearing the appeal as it thinks proper, affirm the decision or substitute the decision of the deciding officer in accordance with this Act and on the same evidence as would otherwise be available to the Appeals Officer.

(1B) The jurisdiction conferred on the Circuit Court bysubsection (1A)shall be exercised—

(a) where a person who appealed the decision concerned is not resident in the State, by the judge of the circuit where the decision was made, and

(b) in any other case, by the judge of the circuit in which the person who appealed the decision concerned resides or carries on any profession, business or occupation.]

[1997 s34]

(2) The appellant shall give notice of the appeal as submitted to the Circuit Court to the deciding officer.

[1997 s34]

(3) No appeal shall lie from a decision of the Circuit Court on an appeal under this section.

308. Annual report. [1993 s254(1)]

308.—(1) As soon as may be after the end of each year, but not later than 6 months thereafter, the Chief Appeals Officer shall make a report to the Minister of his or her activities and the activities of the appeals officers under this Part during that year and the Minister shall cause copies of the report to be laid before each House of the Oireachtas.

[1993 s254(2)]

(2) A report under subsection (1) shall be in such form and shall include information in regard to such matters (if any) other than those referred to in that subsection as the Minister may direct.

[1993 s254(3); 2005 (SW&P) s26 & Sch 4]

(3) The Chief Appeals Officer shall, whenever so requested by the Minister, give to the Minister information in relation to the matters that the Minister may specify concerning his or her activities or the activities of appeals officers under this Part.

309. Appointment of assessors. [1993 s255]

309.—(1) The Chief Appeals Officer may appoint any person whom he or she considers suitable to sit as an assessor with an appeals officer when any question, which appears to the Chief Appeals Officer to require the assistance of assessors, is heard.

(2) The Chief Appeals Officer may constitute, on the basis of districts or otherwise as he or she considers appropriate, panels of persons to sit as assessors with appeals officers and members may be selected in the manner that he or she may determine from those panels to so sit when any question, which in the opinion of the Chief Appeals Officer is appropriate for the assistance of assessors, is heard.

310. Other functions of Chief Appeals Officer. [1993 s256(1)]

310.—(1) The Chief Appeals Officer shall have any other functions in relation to appeals under this Part that may be prescribed.

[1993 s256(2)]

(2) In this section “functions” includes powers, duties and obligations.

311. Appeals and references to appeals officers. [1993 s257(1)]

311.—(1) F1663[Subject tosubsection (4), where any person] is dissatisfied with the decision given by a deciding officer F1664[or the determination of a designated person in relation to a claim undersection 196,197or198], the question shall, on notice of appeal being given to the Chief Appeals Officer within the prescribed time, be referred to an appeals officer.

[1993 s257(2)]

(2) Regulations may provide for the procedure to be followed on appeals and references under this Part.

[1993 s257(3); 2005 (SW&P) s23 & Sch 1]

F1665[(3) An appeals officer, when deciding a question referred undersubsection (1), shall not be confined to the grounds on which the decision of the deciding officer or the determination of the designated person, as the case requires, was based, but may decide the question as if it were being decided for the first time.]

F1666[(4) No appeal may be made undersubsection (1)by any person against the decision given by a deciding officer on a question underparagraph (hh)ofsection 300(2)until the recoverable benefits specified in the relevant statement of recoverable benefits, within the meaning ofPart 11B, have been paid to the Minister in accordance withsection 343R.]

312. Supplementary welfare allowance — appeals. [1996 s30(1)(b); 2005 (SW&P) s23 & Sch 1]

312.—F1667[…]

313. Power to take evidence on oath. [1993 s258]

313.—An appeals officer shall, on the hearing of any matter referred to him or her under this Part have power to take evidence on oath and for that purpose may administer oaths to persons attending as witnesses at that hearing.

314. Notification to persons to attend and give evidence or produce documents at appeal hearing. [1993 s259(1)]

314.—(1) An appeals officer may, by giving written notice in that behalf to any person, require the person to attend at the time and place specified in the notice to give evidence in relation to any matter referred to the appeals officer under this Part or to produce any documents in the person’s possession, custody or control which relate to any such matter.

[1993 s259(2)]

(2) A notice under subsection (1) may be given either by delivering it to the person to whom it relates or by sending it by post in a prepaid registered letter addressed to that person at the address at which he or she ordinarily resides or at his or her place of business.

[1993 s259(3); 2005 (SW&P) s26 & Sch 4]

(3) A person to whom a notice under subsection (1) has been given and who refuses or wilfully neglects to attend in accordance with the notice or who, having so attended, refuses to give evidence or refuses or wilfully fails to produce any document to which the notice relates is guilty of an offence and is liable on summary conviction to a fine not exceeding €1,500.

[1993 s259(4)]

(4) Where a person required to attend to give evidence or to produce documents under subsection (1) fails to attend or to produce those documents, an appeals officer may, on serving notice on that person, apply to the District Court for an order directing that person to attend or to produce those documents as required.

315. Procedure where assessor appointed. [1993 s260]

315.—Any matter referred to an appeals officer under this Part and to be heard by the appeals officer sitting with an assessor appointed under section 309 may, with the consent of the parties appearing at the hearing, but not otherwise, be proceeded with in the absence of the assessor.

316. Award of expenses. [1993 s261(1); 1996 s34]

316.—(1) In relation to any matter referred to an appeals officer under this Part the following apply:

(a) subject to paragraph (b), an award shall not be made in respect of any costs (whether in respect of the representation of the appellant or otherwise in relation to the matter) incurred by a person;

(b) an appeals officer may make an award to a person appearing before the officer towards the person’s expenses, which shall be payable by the Minister.

[1996 s34]

(2) In subsection (1)(b), “expenses” means—

(a) expenses necessarily incurred by the appellant or a witness in respect of his or her travel and subsistence or loss of remuneration, and

(b) in the case of a person appearing before an appeals officer in a representative capacity, an amount only in respect of that person’s actual attendance.

[1993 s261(2)]

(3) The Minister may pay to assessors referred to in section 309 the amounts in respect of expenses (including expenses representing loss of remunerative time) as the Minister, with the sanction of the Minister for Finance, determines.

317. F1668[Revision by appeals officer of decision of appeals officer] [1993 s262]

F1668[317.(1) An appeals officer may at any time revise any decision of an appeals officer—

(a) where it appears to him or her that the decision was erroneous in the light of new evidence or new facts which have been brought to his or her notice since the date on which it was given, or

(b) where—

(i) the effect of the decision was to entitle a person to any benefit within the meaning ofsection 240, and

(ii) it appears to the appeals officer that there has been any relevant change of circumstances which has come to notice since that decision was given.

(2) Insubsection (1)(b)(ii), the reference to any relevant change of circumstances means any relevant change of circumstances that occurred before, or occurs on or after, the coming into operation of the Social Welfare and Pensions (No. 2) Act 2013.]

318. Revision by Chief Appeals Officer of decision of appeals officer. [1993 s263]

318.—The Chief Appeals Officer may, at any time, revise any decision of an appeals officer, where it appears to the Chief Appeals Officer that the decision was erroneous by reason of some mistake having been made in relation to the law or the facts.

319. Effect of revised decision by appeals officer. [1993 s264; 1996 s32 & Sch H]

319.—A revised decision given by an appeals officer shall take effect as follows:

(a) where any benefit, assistance, F1669[child benefit,] F1670[…] F1671[F1672[working family payment], continued payment for qualified children or back to work family dividend] will, by virtue of the revised decision be disallowed or reduced and the revised decision is given owing to the original decision having been given, or having continued in effect, by reason of any statement or representation (whether written or verbal) which was to the knowledge of the person making it false or misleading in a material respect or by reason of the wilful concealment of any material fact, it shall take effect from the date on which the original decision took effect, but the original decision may, in the discretion of the appeals officer, continue to apply to any period covered by the original decision to which the false or misleading statement or representation or the wilful concealment of any material fact does not relate;

(b) where any benefit, assistance, F1669[child benefit,] F1673[…] F1671[F1672[working family payment], continued payment for qualified children or back to work family dividend] will, by virtue of the revised decision, be disallowed or reduced and the revised decision is given in the light of new evidence or new facts (relating to periods before and after the commencement of this Act) which have been brought to the notice of the appeals officer since the original decision was given, it shall take effect from the date the appeals officer shall determine having regard to the new facts or new evidence and the circumstances of the case;

(c) in any other case, it shall take effect from the date considered appropriate by the appeals officer having regard to the circumstances of the case.

320. Decision of appeals officer to be final and conclusive. [1993 s265; 2005 (SW&P) s7(1)(c) & 10(c)]

F1674[320.—The decision of an appeals officer on any question shall, subject tosections 301(1)(b),317,318,F1675[324(1)(b)], and327, be final and conclusive.]

321. Supplementary welfare allowance. [1996 s30(1)(h)]

321.—For the purposes of supplementary welfare allowance, every reference in this Part to a decision shall be read as a reference to a determination F1676[of a designated person.].

Chapter 3

322. Determination of entitlement to supplementary welfare allowance. [1993 s266; 2005 (SW&P) s23 & Sch 1]

322.—F1677[…]

323. F1678[Appeals from certain determinations.] [1993 s267(1); 2005 (SW&P) s23 & Sch 1]

F1678[323.—Where a person is dissatisfied with the determination of a designated person of a claim by him or her undersection 200,201or202, an appeal lies against the determination to another person appointed or designated by the Minister.]

324. F1679[Revision of determination of entitlement to supplementary welfare allowance.] [1993 s268; 2005 (SW&P) s23 & Sch 1]

F1679[324.—F1680[(1) A designated person may at any time—

(a) revise a determination of a designated person in relation to entitlement to supplementary welfare allowance—

(i) where it appears to him or her that the determination was erroneous—

(I) in the light of new evidence or new facts which have been brought to his or her notice since the date on which the determination was made, or

(II) by reason of some mistake having been made in relation to the law or the facts,

(ii) where—

(I) the effect of the determination was to entitle a person to supplementary welfare allowance, and

(II) it appears to the designated person that there has been any relevant change of circumstances since that determination was made,

(b) revise the decision of an appeals officer where—

(i) the effect of the decision of the appeals officer was to entitle a person to supplementary welfare allowance, and

(ii) it appears to the designated person that there has been any relevant change of circumstances which has come to notice since that decision was given,

and the provisions of this Part as to appeals apply to a revised determination or a revised decision under this subsection, as the case may be, in the same manner as they apply to an original determination of a designated person.]

(2)Subsection (1)shall not apply to a determination relating to a matter which is on appeal undersection 311or323unless the revised determination would be in favour of the claimant.]

F1681[(3) Insubsections (1)(a)(ii)(II)and(1)(b)(ii), the reference to any relevant change of circumstances means any relevant change of circumstances that occurred before, or occurs on or after, the coming into operation of the Social Welfare and Pensions (No. 2) Act 2013.]

325. Effect of revised determination by employee of Health Service Executive. [1993 s269; 2005 (SW&P) s23 & Sch 1]

325.—A revised determination of entitlement to a supplementary welfare allowance F1682[made by a designated person] shall take effect as follows:

(a) where any supplementary welfare allowance will, by virtue of the revised determination be disallowed or reduced and the revised determination is given owing to the original determination having been given, or having continued in effect, by reason of any statement or representation (whether written or verbal) which was to the knowledge of the person making it false or misleading in a material respect or by reason of the wilful concealment of any material fact, it shall take effect from the date on which the original determination took effect, but the original determination may, in the discretion of F1682[the designated person], continue to apply to any period covered by the original determination to which the false or misleading statement or representation or the wilful concealment of any material fact does not relate;

(b) where any supplementary welfare allowance will, by virtue of the revised determination, be disallowed or reduced and the revised determination is given in the light of new evidence or new facts (relating to periods before and after the commencement of this Act) which have been brought to the notice of F1682[the designated person] since the original determination was given, it shall take effect from the date that F1682[the designated person] shall determine having regard to the new facts or new evidence and the circumstances of the case;

(c) in any other case, it shall take effect from the date considered appropriate by F1682[the designated person] having regard to the circumstances of the case.

Chapter 4

326. Appeals — oral hearings. [1993 s270]

326.—Notwithstanding section 311(2), where the Minister or a person designated by the Minister considers that the circumstances of a particular case warrant an oral hearing of the appeal, the Minister or any person so designated by him or her may direct the Chief Appeals Officer that the appeal be determined by way of an oral hearing.

327. Appeals to High Court. [1993 s271]

327.—Any person who is dissatisfied with—

(a) the decision of an appeals officer, or

(b) the revised decision of the Chief Appeals Officer,

F1683[…] may appeal that decision or revised decision, as the case may be, to the High Court on any question of law.

327A. F1684[Appeal to High Court by Minister.

327A.—(1) Where pursuant tosection 318the Chief Appeals Officer—

(a) revises a decision of an appeals officer, the Minister may appeal that revised decision to the High Court on any question of law, or

(b) does not revise a decision of an appeals officer, the Minister may appeal the decision of the Chief Appeals Officer not to revise the first-mentioned decision to the High Court on any question of law.

(2) An appeal by the Minister undersubsection (1)shall not operate as a stay on the payment of benefit or assistance to a person pursuant to adecision of an appeals officer or, as the case may be, the Chief Appeals Officer, until that appeal is determined.]

328. F1685[Certificate by deciding officer, appeals officer or designated person.

328.—A document purporting to be—

(a) a certificate of a decision made under this Act by a deciding officer or an appeals officer, or

(b) a certificate of a determination made under this Act by a designated person,

and to be signed by him or her, isprima facieevidence of the making of the decision or determination, as the case may be, and of the terms of that decision or determination, without proof of the signature of the officer or person concerned or of his or her official capacity.]

329. Revision to include revision consisting of reversal. [1993 s273; 2005 (SW&P) s23 & Sch 1]

329.—A reference in this Part to a revised decision given by a deciding officer or an appeals officer or a revised determination given by F1686[a designated person] includes a reference to a revised decision or determination which reverses the original decision or determination.

330. Regulations. [1996 s31; 2005 (SW&P) s23 & Sch 1]

330.—The Minister may make regulations specifying the procedures to be followed by—

(a) a deciding officer, when deciding questions under sections 300 and 301,

(b) an appeals officer, when deciding questions under F1687[sections 303and311], and

F1687[(c) a designated person, when making determinations in relation to supplementary welfare allowance.]

Chapter 5

331.—Where, in relation to a stoppage of work or a trade dispute, a deciding officer or an appeals officer has decided that a person is disqualified under section 68(1) for receipt of F1688[jobseeker’s benefit] or under section 147(2) for receipt of F1689[jobseeker’s allowance or undersection 68KI(1)for receipt of jobseeker’s pay-related benefit,] that person may, notwithstanding any other provision of this Act, apply to the Social Welfare Tribunal (in this Chapter referred to as “the Tribunal”) for an adjudication under this Chapter.

332.—(1) The following provisions apply in relation to an adjudication under this Chapter:

(a) the Tribunal shall, before making the adjudication, take into account all the circumstances of the stoppage of work concerned and of the trade dispute which caused the stoppage of work, including (without prejudice to the generality of the foregoing)—

(i) the question whether the applicant is or was available for work and willing to work, but is or was deprived of his or her employment through some act or omission on the part of the employer concerned which amounted to unfair or unjust treatment of the applicant,

(ii) the question whether the applicant is or was prevented by the employer from attending for work at his or her place of employment or was temporarily laid off by the employer, without (in either such case) any reasonable or adequate consultation by the employer with the applicant or with a trade union acting on his or her behalf, or without (in either case) the use by the employer or by any body acting on his or her behalf of the services normally availed of by employers in the interests of good industrial relations,

(iii) the question whether any action or decision by the employer, amounting to a worsening of the terms or conditions of employment of the applicant and taken without any or any adequate consultation with, or any or any adequate notice to, the applicant, was a cause of the stoppage of work or of the trade dispute which caused the stoppage of work and was material grounds for the stoppage or the trade dispute,

(iv) the question whether the conduct of the applicant or of a trade union acting on his or her behalf was reasonable;

(b) the Tribunal shall, having heard the evidence adduced before it, and the representations made to it, by the applicant and the employer and having considered whether the conduct of the applicant or of a trade union acting on his or her behalf was reasonable and whether the employer or a body acting on his or her behalf was willing to avail of the services normally availed of in the interests of good industrial relations, decide whether the applicant is or was unreasonably deprived of his or her employment and whether (if it decides that he or she is or was so deprived) the applicant shall, notwithstanding the decision under F1690[section 68(1)or undersection 68KI(1)or undersection 147(2)] of the deciding officer or appeals officer, subject to the other conditions for the receipt of such benefit or F1691[allowance] being satisfied, be qualified to receive F1692[jobseeker’s benefit, jobseeker’s allowance or jobseeker’s pay related benefit] and (where appropriate) the period during which he or she shall be so qualified;

(c) subject to subsection (2), a decision of the Tribunal on an application for an adjudication shall be final and conclusive, but an appeal shall lie to the High Court on a question of law.

[1993 s275]

(2) A person interested (including the Minister) may apply to the Tribunal for a review of its decision and, where the Tribunal is satisfied that a material change has occurred in the circumstances of the stoppage of work or of the trade dispute which caused the stoppage of work, or that there is new evidence or new facts which in the opinion of the Tribunal could have affected its decision, it may review its decision and such a review shall be treated as an adjudication under this section.

333.—(1) There shall be a Tribunal, which shall be known as the Social Welfare Tribunal, to hear and decide applications for adjudications under this Chapter.

[1993 s276(2)]

(2) The Tribunal shall consist of a chairman and 4 ordinary members.

[1993 s276(3)]

(3) The members of the Tribunal shall be appointed by the Minister and shall be eligible for re-appointment.

[1993 s276(4)]

(4) (a) 2 ordinary members of the Tribunal shall be persons representative of workers and nominated for appointment as such members by the body known as the Irish Congress of Trade Unions.

(b) The 2 other ordinary members of the Tribunal shall be persons representative of employers and nominated for appointment as such members by an organisation representative of employers.

[1993 s276(5)]

(5) The term of office of a member of the Tribunal shall be the period specified by the Minister when appointing the member.

[1993 s276(6)]

(6) (a) A member of the Tribunal may, by letter addressed to the Minister, resign his or her membership.

(b) A member of the Tribunal may be removed from office by the Minister.

[1993 s276(7)]

(7) (a) Whenever a vacancy occurs in the membership of the Tribunal and is caused by the resignation, removal from office or death of an ordinary member mentioned in subsection (4)(a), the vacancy shall be filled by the Minister by appointment in the manner specified in that subsection.

(b) Whenever a vacancy occurs in the membership of the Tribunal and is caused by the resignation, removal from office or death of an ordinary member mentioned in subsection (4)(b), the vacancy shall be filled by the Minister by appointment in the manner specified in that subsection.

[1993 s276(8)]

(8) In the case of a member of the Tribunal filling a vacancy caused by the resignation, removal from office or death of a member before the completion of the term of office of the last-mentioned member, the member filling that vacancy shall hold office for the remainder of the term of office of the person who resigned, died or was removed from office.

[1993 s276(9)]

(9) A member of the Tribunal shall be paid the remuneration (if any) and allowances that may be determined by the Minister with the consent of the Minister for Finance.

[1993 s276(10)]

(10) The Minister may, with the consent of the Minister for Finance, appoint such employees of the Tribunal as he or she considers necessary to assist the Tribunal in the performance of its functions, and those employees shall hold office on such terms and receive such remuneration as the Minister for Finance determines.

[1993 s276(11)]

(11) (a) The Tribunal, on the hearing of an application under this Chapter, shall have power to take evidence on oath and for that purpose may cause oaths to be administered to persons attending as witnesses at the hearing.

(b) Where a person gives false evidence before the Tribunal in such circumstances that, if the person had given the evidence before a court, he or she would be guilty of perjury, he or she is guilty of that offence.

(c) The Tribunal may, by giving written notice in that behalf to any person, require the person to attend at the time and place specified in the notice to give evidence in relation to any matter referred to the Tribunal under this Chapter or to produce any documents in his or her possession, custody or control which relate to any such matter.

(d) A notice under paragraph (c) may be given either by delivering it to the person to whom it relates or by sending it by post in a prepaid registered letter addressed to the person at the address at which he or she ordinarily resides.

[2005 (SW&P) s26 & Sch 4]

(e) A person to whom a notice under paragraph (c) has been given and who refuses or wilfully neglects to attend in accordance with the notice or who, having so attended, refuses to give evidence or refuses or wilfully fails to produce any document to which the notice relates is guilty of an offence and is liable on summary conviction to a fine not exceeding €150.

[1993 s276(12)]

(12) The Minister may make regulations giving effect to this section and those regulations may, in particular but without prejudice to the generality of the foregoing, provide for all or any of the following matters:

(a) the procedure to be followed regarding the making of applications to the Tribunal;

(b) the times and places of hearings by the Tribunal;

(d) the procedure regarding the hearing of applications by the Tribunal;

(e) the publication and notification of decisions of the Tribunal;

(f) notices relating to applications or hearings by the Tribunal;

(g) the award by the Tribunal of costs and expenses and the payment of those awards;

(h) an official seal of the Tribunal.

PART 11 Overpayments, Repayments, Suspension of Payment, etc.

333A. F1693[ Interpretation (Part 11).

333A.—F1694[(1) In this section‘relevant sections’meanssections 334(1)(a),335,336,337,338,339,341(9),341(10)and342.]

(2) For the purposes of this Part—

(a) references in the relevant sections to‘benefit’shall be read as including a payment undersection 112(1A),113(6)or117(1A)as appropriate, and

(b) references in the relevant sections to‘assistance’shall be read as including a payment undersection 157(3).]

334. Interim payments and suspension of payment. [1993 s277(1); 2005 (SW&P) s7(1)(c) & 10(c)]

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

(a) pending the decision or determination under Part 2, 3, F1695[4,F1696[…]] F1696[…] 5, 6, F1697[7,7A,] 8, 9 or 10 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, F1695[child benefit,F1696[…]] F1697[F1698[working family payment], continued payment for qualified children or back to work family dividend] or of any question affecting any person’s right to any such benefit, assistance, F1695[child benefit,F1696[…]] F1697[F1698[working family payment], continued payment for qualified children or back to work family dividend] 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 2, 3, F1695[4,F1696[…]] F1696[…] 5, 6, F1697[7,7A,] 8, 9 or 10 or this Part on any such claim or question.

[1993 s277(2); 2005 (SW&P) s23 & Sch 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 F1699[…], F1695[child benefit,F1696[…]] F1697[F1698[working family payment], continued payment for qualified children or back to work family dividend] payable under a decision are or were fulfilled, or

(b) a decision that any such benefit, assistance, F1695[child benefit,F1696[…]] F1697[F1698[working family payment], continued payment for qualified children or back to work family dividend] is payable ought to F1700[be revised under this Act],

the Minister may direct that payment of that benefit, assistance, F1695[child benefit,F1696[…]] F1697[F1698[working family payment], continued payment for qualified children or back to work family dividend] shall be suspended in whole or in part until the question has been decided.

[1993 s277(3); 2005 (SW&P) s23 & Sch 1]

(3) F1699[…]

335. Overpayments. [1993 s278; 2005 (SW&P) s23 & Sch 1]

335.—Where, in accordance with section 302, 319 or 325, a decision or determination is varied or reversed by a deciding officer, an appeals officer or F1701[a designated person] (as the case may be) so as to disallow or reduce any benefit, assistance, F1702[child benefit,] F1703[…] F1704[F1705[working family payment], continued payment for qualified children or back to work family dividend] 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 the person and any other person to whom the benefit was paid on behalf of that person, or the personal representative of that person, shall be liable to pay to the Fund, on demand made in that behalf by an officer of the Minister, the sum so repayable,

(b) any assistance F1706[…], F1702[child benefit,] F1703[…] F1704[F1705[working family payment], continued payment for qualified children or back to work family dividend] 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 the person and any other person to whom that assistance, F1702[child benefit,] F1703[…] F1704[F1705[working family payment], continued payment for qualified children or back to work family dividend] (as the case may be) was paid on behalf of that person, or the personal representative of that 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,

(d) any supplementary welfare allowance paid in pursuance of the original determination shall be repayable to the Minister to the extent to which it would not have been payable if the revised decision made in accordance with section 301(2) had been given in the first instance and the person and any other person to whom the supplementary welfare allowance was paid on behalf of that person, or the personal representative of that person, shall be liable to pay on demand by the Minister the sum so repayable.

336. Repayment of benefit, assistance, etc., overpaid. [1993 s279; 2005 (SW&P) s23 & Sch 1]

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.

337. Liability to repay where person convicted of offence. [1997 s31(a); 2005 (SW&P) s23, 26 & Sch 1, 4]

337.—Where a person is convicted of an offence under section 32 of the Larceny Act 1916 or Part 2 of the Criminal Justice (Theft and Fraud Offences) Act 2001, by virtue of having received any benefit, assistance, F1714[child benefit, early childcare supplement] or F1715[working family payment] which he or she was not entitled to receive, that person is liable to pay—

(a) to the Social Insurance Fund, in the case of benefit, F1716[and]

F1717[(b) to the Minister, in the case of assistance, child benefit,F1718[F1715[working family payment], continued payment for qualified children or back to work family dividend]]

on demand, a sum not exceeding the amount of the benefit, assistance, F1714[child benefit, early childcare supplement] or F1715[working family payment] to which that conviction applies.

338. 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, F1720[and]

F1721[(b) to the Minister, in the case of assistance, child benefit, early childcare supplement,F1722[F1723[working family payment], continued payment for qualified children or back to work family dividend],]

on demand a sum not exceeding the amount of the money received.

339. Distribution of assets. [1993 s280(1)]

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

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

(b) where requested in writing by the Minister within 3 months of giving 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 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 s280(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 or her shall, in the absence of evidence to the contrary, be calculated on the basis that the deceased person’s assets at the time of his or her death belonged to him or her for that entire period.

[1993 s280(3)]

(3) A personal representative who contravenes subsection (1) and who distributes the assets of the person whose estate he or she 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 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, that sum 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 that amount shall be a debt due by the personal representative to the Minister.

[1993 s280(4); 1996 s41(a)]

(4) Any proceedings to recover assistance due to the Minister as a debt due to the State under section 341(3) shall be maintainable against the estate of a deceased person if brought at any time within the 6 years beginning on the later of the date on which the notice or the date on which the schedule of assets under subsection (1)(a) is received by the Minister.

340. Recovery of payments from financial institutions. [2001 s22]

340.—(1) Notwithstanding any enactment or rule of law, where sums are due to the Minister or the Social Insurance Fund in accordance with section 336 or 338 because F1725[benefit, assistance, child benefit,F1726[working family payment], continued payment for qualified children or back to work family dividend] which was intended for a beneficiary was paid to a financial institution for the credit of an account kept with that institution by the beneficiary and he or she dies before the payment or payments were made, the F1725[benefit, assistance, child benefit,F1726[working family payment], continued payment for qualified children or back to work family dividend] may be recovered from the financial institution in accordance with subsection (2).

[2001 s22]

(2) The Minister may give written notice to a financial institution requiring the institution to pay to the Minister, within the period specified in the notice, the lesser of the following amounts:

(a) the amount specified in the notice, being the amount of F1725[benefit, assistance, child benefit,F1726[working family payment], continued payment for qualified children or back to work family dividend] recoverable in accordance with subsection (1); or

(b) the amount standing to the credit of the account when the notice is received by the institution;

and the financial institution shall comply with such a direction.

[2001 s22]

(3) In this section “financial institution” means—

(a) a bank which is the holder of a licence under section 9 of the Central Bank Act 1971,

(b) a trustee savings bank within the meaning of the Trustee Savings Banks Act 1989,

F1727[(ca) a credit union within the meaning of theCredit Union Act 1997,]

(d) a post office savings bank established under the Post Office Savings Bank Acts 1861 to 1958, or

(e) any other body that may be prescribed.

341. Recovery of sums due by civil proceedings or by deduction from other payments. [1993 s281(1)]

341.—F1728[(1) Notwithstanding the assignment by—

(a) any regulations undersection 17(1)to the Collector-General or any other person of any function referred to in that section in relation to employment contributions,

(b) any regulations undersection 23(1)to the Collector-General or any other person of any function referred to in that section in relation to self-employment contributions, or

(c) any regulations undersection 30G(1)to the Collector-General or any other person of any function referred to in that section in relation to contributions underChapter 5BofPart 2,

all sums due to the Social Insurance Fund, other than in accordance withsection 336, shall be recoverable as debts due to the State and, without prejudice to any other remedy, may be recovered by the Minister as a debt under statute or simple contract debt in any court of competent jurisdiction.]

[1993 s281(2)]

F1728[(2) Notwithstandingsection 272, 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—

(a) employment contributions undersection 13(1),

(b) self-employment contributions undersection 21(1),

(d) contributions underChapter 5BofPart 2,

may be brought and shall be maintainable at any time.]

[1993 s281(3)]

(3) All sums due to the Minister, other than in accordance with section 336, under this Act shall be recoverable as debts due to the State and, without prejudice to any other remedy, may be recovered by the Minister as a debt under statute or simple contract debt in any court of competent jurisdiction.

[1996 s41(b)]

(4) Section 9 of the Civil Liability Act 1961 shall not apply to an action for the recovery of a debt due to the Minister or to the State under this Act.

[1993 s281(4)]

(5) 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 the manner that the Minister for Finance shall direct.

[1993 s281(5); 2005 (SW&P) s23 & Sch 1]

(6) F1729[…]

[1993 s281(6); 2005 (SW&P) s21(b)]

(7) F1730[Subject tosubsection (7A), any benefit,] assistance, F1731[supplement, payment or dividend] repayable 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 any benefit, assistance, F1731[supplement, payment or dividend] to which the person concerned is or becomes entitled.

F1732[(7A) The weekly amount of any benefit or assistance to be deducted for the purposes of the recovery of any benefit, assistance,F1731[supplement, payment or dividend]in accordance withsubsection (7)shall not, without the prior written consent of the person liable to repay the overpayment, exceed 15 per cent of the weekly rate of benefit or assistance to which the person concerned is or becomes entitled.

(7B) Insubsection (7A)‘weekly rate’means the appropriate weekly rate of benefit or assistance payable to a person underPart 2orPart 3, but does not include any increases underPart 2orPart 3of such benefit or assistance as the case may be.

(7C) A person who is in receipt of any benefit or assistance, other than supplementary welfare allowance, from which a deduction is being made for the repayment of any benefit, assistance,F1731[supplement, payment or dividend]in accordance withsubsection (7), shall not be entitled to claim for supplementary welfare allowance undersection 196.]

[1993 s281(7); 1998 s20(2)]

(8) F1733[Any child benefitF1734[…]] repayable in accordance with section 335, 336, 337 or 338 may, without prejudice to any other method of recovery, be recovered by deduction from any payment or payments on account of child benefit F1735[F1734[…]] to which such person then is or becomes entitled.

[1993 s281(8); 2005 (SW&P) s23 & Sch 1]

F1736[(9) Any benefit, assistance,F1731[supplement, payment or dividend]repayable by a person in accordance withsection 335,336,337or338may, 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 undersection 34Aor36,

(b) any payment made in accordance with regulations made undersection 34,34A,35or37,

(d) any payment undersection 6of theProtection of Employees (Employers’ Insolvency) Act 1984,

being or to be made to the person concerned.]

F1737[(10) The powers conferred on the Minister by this section to deduct any sums repayable in accordance withsection 335,336,337or338may 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.]

342. 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 tosection 342A, where a person is required to repay an amount of any—

(a) benefit described insection 39(1),

(b) assistance described insection 139(1),

(d)F1739[carer’s support grant],

(e)F1740[working family payment],

(f) continued payment forF1741[qualified children,]

F1742[(fa) back to work family dividend, or]

(g) payment pursuant tosection 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.]

342A. F1743[Repayment of amounts due arising from false or misleading statements or wilful concealment of facts.

342A.—F1744[(1)]Where a person is required to repay an amount of any payment referred to inparagraphs (a)to(g)ofF1745[section 342]by virtue of—

(a) a revised decision given by a deciding officer undersection 302(a),

(b) a revised decision given by an appeals officer undersection 319(a), or

the amount to be repaid in such circumstances shall not be reduced by the amount of any other payment referred to inparagraphs (a)to(g)ofsection 342to which the person would otherwise have been entitled in the period to which the overpayment relates had he or she not been in receipt of the payment which gave rise to the overpayment.]

F1746[(2)Subsection (1)shall apply to amounts required to be repaid by virtue of—

(a) a revised decision referred to insubsection (1)(a)or(1)(b), or

(b) a revised determination referred to insubsection (1)(c),

given on or after 29 June 2011, whether or not the amount so repayable is in respect of a period commencing before, or on or after, that date.]

343. Effect of decision for purposes of proceedings. [1993 s283]

343.—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 F1747[admissible as evidence] 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 F1748[may] 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 F1748[may] adjourn the proceedings until such time as a final decision on the question has been obtained.

343A. F1750[ Interpretation

343A.In this Part—

‘additional debt’in relation to a relevant person who has received a notice of attachment in respect of an overpaid person, means any amount which, at any time after the time of the receipt by the relevant person of the notice of attachment but before the end of the relevant period in relation to the notice, would be a debt due by the relevant person to the overpaid person if a notice of attachment were received by the relevant person at that time;

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