Social Welfare Consolidation Act 2005

PART 11

Overpayments, Repayments, Suspension of Payment, etc.

Interim payments and suspension of payment.

[1993 s277(1); 2005 (SW&P) s7(1)(c) & 10(c)]

334.—(1) Regulations may make provision in relation to matters arising—

(a) pending the decision or determination under Part 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 or 10 or this Part (whether in the first instance or on an appeal or reference, and whether originally or on revision) of any claim for benefit, assistance, child benefit, family income supplement or continued payment for qualified children or of any question affecting any person’s right to any such benefit, assistance, child benefit, family income supplement or continued payment for qualified children or to receipt thereof or any person’s liability for contributions, or

(b) out of the effect of any appeal or revision of any decision or determination under Part 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 or 10 or this Part on any such claim or question.

[1993 s277(2); 2005 (SW&P) s23 & Sch 1]

(2) Where it appears to the Minister that a question has arisen or may arise as to whether—

(a) the conditions for the receipt of benefit, assistance (other than supplementary welfare allowance determined by the Executive), child benefit, family income supplement or continued payment for qualified children payable under a decision are or were fulfilled, or

(b) a decision that any such benefit, assistance, child benefit, family income supplement or continued payment for qualified children is payable ought to be revised under this section,

the Minister may direct that payment of that benefit, assistance, child benefit, family income supplement or continued payment for qualified children shall be suspended in whole or in part until the question has been decided.

[1993 s277(3); 2005 (SW&P) s23 & Sch 1]

(3) Where it appears to an employee of the Executive who is duly authorised to determine entitlement to supplementary welfare allowance that a question has arisen or may arise as to whether—

(a) the conditions for the receipt of an allowance payable under a determination are or were fulfilled, or

(b) a determination of entitlement ought to be revised under this section,

payment of the supplementary welfare allowance may be suspended in whole or in part until that question has been determined.