Social Welfare Consolidation Act 2005

Repayment of benefit, assistance, etc., overpaid.

[1993 s279; 2005 (SW&P) s23 & Sch 1]

336.—Where, in any case, other than a case involving a revised decision or determination in accordance with section 302 , 319 or 325, a person has been—

(a) in receipt of any benefit, assistance, child benefit, family income supplement or continued payment for qualified children for any period during which that person was not entitled thereto, or

(b) in receipt of that benefit, assistance, child benefit, supplement or payment at a rate higher than that to which he or she was entitled,

then that person and any other person to whom that benefit, assistance, child benefit, supplement or payment was paid on behalf of that person, or the personal representative of that person, shall be liable to pay—

(i) to the Social Insurance Fund, in the case of benefit,

(ii) to the Minister, in the case of assistance (other than supplementary welfare allowance determined by the Executive), child benefit, family income supplement or continued payment for qualified children, and

(iii) to the Executive, in the case of supplementary welfare allowance determined by the Executive,

on demand, any sums paid to that person in respect of that benefit, assistance, child benefit, supplement or payment during that period or, as the case may be, a sum representing the difference between that benefit, assistance, child benefit, supplement or payment at the rate actually paid and benefit, assistance, child benefit, supplement or payment at the rate to which the person was entitled.