S.I. No. 461 of 2011.
SOCIAL WELFARE (CONSOLIDATED CLAIMS, PAYMENTS AND CONTROL) (AMENDMENT) (No. 4) (OVERPAYMENTS) REGULATIONS 2011
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations revoke the Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 3) (Overpayments) Regulations 2011 (S.I. No. 392 of 2011) as they were made incorrectly and re-enact the provisions that were contained in those Regulations.
Sections 17 and 18 of the Social Welfare and Pensions Act 2011 provide that where a fraudulent social welfare overpayment occurs, any other social welfare benefits to which that person may have qualified for during the period in which that overpayment occurred will not be offset against the amount of the overpayment to be recovered.
These Regulations make consequential changes to Part 9 of the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007, which deals with overpayments, so as to—
- update the list of social welfare benefits from which overpayments can be recovered, in line with the list set out in section 342 of the Social Welfare Consolidation Act 2005; and
- limit the application of article 246(3) of the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 to non-fraudulent cases. Article 246(3) allows for the offsetting of other potential social welfare entitlements to which the person may have qualified for during the period in which the overpayment occurred against the amount of the overpayment.