Social Welfare (Consolidation) Act, 1981

Recovery by employer of insured person's contribution.

[1942 IU, s. 20]

243.—(1) Subject to this section and any regulations which the Minister may make under this Part, the employer of an insured person shall be entitled to recover from the insured person in accordance with this section the amount of any weekly contributions paid by him on behalf of the insured person.

(2) Where an insured person receives wages or other pecuniary remuneration from his employer, the amount of any weekly contribution paid by the employer on behalf of the insured person shall, notwithstanding the provisions of any Act or any contract to the contrary, be recoverable by means of deductions from the wages of the insured person or from any other remuneration due from the employer to the insured person and not otherwise, but no such deductions may be made from any wages or remuneration other than such as are paid in respect of the period or part of the period in respect of which the weekly contribution is payable, or in excess of the sum which represents the amount of the weekly contributions for the period in respect of which the wages or other remuneration are paid.

(3) Where a weekly contribution paid by the employer of an insured person on behalf of the insured person is recoverable from the insured person, but is not recoverable by means of deductions under subsection (2), it shall (without prejudice to any other means of recovery) be recoverable as a simple contract debt in a court of competent jurisdiction but no such weekly contribution shall be recoverable unless proceedings for the purpose are instituted within three months from the date when the contribution was payable.

(4) Where an insured person is not paid wages or other money payments by his employer or any other person, the employer shall be liable to pay the weekly contributions payable both by himself and the insured person and shall not be entitled to recover any part thereof from the insured person.

(5) Any sum deducted by an employer from wages or other remuneration under this section shall be deemed to have been entrusted to him for the purpose of paying the weekly contribution in respect of which it was deducted.