Social Welfare Act, 1952

Overlapping benefits, etc.

32.—(1) Regulations may, with respect to cases in which more than one benefit or a benefit and any pension, allowance or assistance under the Old Age Pensions Acts, 1908 to 1952, the Unemployment Assistance Acts, 1933 to 1952, the Widows' and Orphans' Pensions Acts, 1935 to 1952, or the Children's Allowances Acts, 1944 and 1946, are payable to a person, provide—

(a) for adjusting any benefit or any pension, allowance or assistance such as aforesaid (including disallowing payment thereof either wholly or partly) that may be payable to such person, or

(b) for recoupment from the Fund to the Exchequer of sums (or such portion thereof as may be prescribed) paid by way of unemployment assistance in respect of periods during which benefit was not received.

For the purposes of this subsection—

(i) an increase of benefit may be regarded as a separate benefit, and

(ii) any benefit, pension, allowance or assistance payable in respect of a person may be regarded as benefit, pension, allowance or assistance payable to such person.

(2) Regulations may provide for recoupment from the Fund to a public assistance authority of sums (or such portion thereof as may be prescribed) paid by way of home assistance in respect of periods during which benefit was not received.

(3) Regulations may, with respect to cases in which a person is undergoing medical or other treatment in or is an inmate of such hospital, home or other institution as may be prescribed, provide for—

(a) adjusting conditions for receipt of benefit,

(b) suspending the payment of benefit,

(c) reducing rates of benefit, or

(d) paying benefit otherwise than to that person.

(4) Regulations may provide for adjusting any disability benefit (including disallowing payment thereof wholly or partly) payable to a person who is in receipt of any pension or allowance which is in respect of any disability incurred in the armed forces of the State or of any other State, being a pension in the highest degree or, in the case of an allowance, an allowance in the highest degree or an allowance granted to a person who is undergoing a special course of medical treatment in any institution or receiving training in a technical institution.

(5) Regulations may, with respect to cases in which a person is or has been entitled in respect of any injury or disease to any compensation under the Workmen's Compensation Acts, provide—

(a) for adjusting disability benefit (including disallowing payment thereof wholly or partly) payable to such person in respect of that injury or disease, or

(b) for making advances (subject to such provisions for recovery thereof as may be prescribed) to such person pending receipt by him of such compensation.

(6) In subsection (5) of this section—

“Workmen's Compensation Acts” means the Workmen's Compensation Acts, 1934 and 1948, or the enactments repealed by the Workmen's Compensation Act, 1934 (No. 9 of 1934), or the enactments repealed by the Workmen's Compensation Act, 1906,

the reference to a person having been entitled to compensation includes a reference to a case in which there has been an agreement or compromise (whether with or without admission of liability) in respect of a claim for compensation.