Social Welfare Consolidation Act 2005

Recoupment of supplementary welfare allowance (continued).

[1995 s21; 2005 (SW&P) s23 & Sch 1]

205.—Where—

(a) in respect of any period the Executive or deciding officer has granted supplementary welfare allowance to or in respect of a person who, though entitled under the legislation of a Member State (other than the State) to a social security payment (in this section referred to as “the relevant payment”), is not in receipt of such payment, and

(b) the supplementary welfare allowance is in excess of the amount which would have been granted to that person if he or she had been in receipt of the relevant payment, and

(c) the Executive or deciding officer has certified to the competent institution of the relevant Member State the amount of supplementary welfare allowance in excess of which the person would have been entitled (in this section referred to as “the excess”) in respect of that period by the Executive,

the Executive or deciding officer may request that competent institution to deduct the amount of the excess from the relevant payment.