S.I. No. 511 of 2014


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S.I. No. 511 of 2014.

SOCIAL WELFARE (CONSOLIDATED CLAIMS, PAYMENTS AND CONTROL) (AMENDMENT) (NO. 6) (OVERPAYMENTS) REGULATIONS 2014

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

Section 341 of the Social Welfare Consolidation Act 2005 provides, inter alia, for the recovery, subject to prescribed conditions and circumstances, of amounts of social welfare payments which have been overpaid by way of deduction from any other social welfare payment to which that person is or becomes entitled.

Section 16 of the Social Welfare and Pensions Act 2014 extends the powers for the recovery of social welfare overpayments to include the power to recover from certain lump sum payments made by the Minister for Employment Affairs and Social Protection to that person, i.e. refunds of PRSI contributions, lump sum payments made under the Redundancy Payments Act 1967 and under the Protection of Employees (Employers' Insolvency) Act 1984.

Article 245 of the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 prescribes the conditions and circumstances relating to the recovery of overpayments by deduction from any other social welfare payment to which that person is or becomes entitled, including—

  • the withholding of all or part of any arrears of social welfare payments due or any grants or gratuities payable to that person, and
  • making deductions from ongoing social welfare payments, having regard to the total amount to be recovered and the person's ability to repay.

These Regulations amend article 245 of the 2007 Regulations in the light of the provisions contained in section 16 of the Social Welfare and Pensions Act 2014 in order to allow also for the recovery of social welfare overpayments by the withholding of all or part of any—

  • refunds of PRSI contributions,
  • lump sum payments made under the Redundancy Payments Act 1967, or
  • lump sum payments made under the Protection of Employees (Employers' Insolvency) Act 1984.

These Regulations also make a consequential amendment to article 246(3) of the 2007 Regulations arising from the amendments being made to article 245.

Last modified:18/11/2014