Social Welfare (Miscellaneous Provisions) Act, 1960

Notification of increase of means of persons claiming or receiving pensions.

16.—(1) Where—

(a) a person is in receipt of a pension or has made a claim for a pension which has not been finally determined, and

(b) (i) the income in cash of the person, or

(ii) the amount of property belonging to or personally used or enjoyed by the person,

has increased since the date of the latest investigation thereof by a social welfare officer or, if no such investigation has taken place, since the date of the making of the claim aforesaid, the person shall, before the expiration of the later of the following periods, that is to say:

(I) the period of three months beginning on the commencement of this Act,

(II) the period of three months after the end of the month in which the increase aforesaid occurred,

give, or cause to be given, to a social welfare officer notification of the increase.

(2) A person who contravenes subsection (1) of this section or, in case he is dead, his personal representative, shall, unless it is shown to the satisfaction of the Minister that the person was not aware of the increase to which the contravention related, and notwithstanding anything contained in subsection (3) of section 6 of the Act of 1911, be liable to pay to the Minister on demand—

(a) if, by reason of such contravention, the person was in receipt of a pension at a time when he was not entitled to receive it, the sums paid to him on foot of the pension during that time, and

(b) if, by reason of such contravention, the person was in receipt of a pension of an amount which was in excess of the amount which he was entitled to receive, such parts of the sums paid to him on foot of the pension as were in excess of the amounts which he was entitled to receive.

(3) Any sum payable by a person to the Minister under this section shall be a debt due by the person to the Minister.