Social Welfare (Consolidation) Act, 1981

Recovery of and contributions to supplementary welfare allowance.

[1975 SWA, s. 17]

215.—(1) Where a health board grants supplementary welfare allowance to any recipient, every person who is liable to maintain that recipient shall be liable to contribute to the health board according to his ability towards any allowance so granted.

(2) Whenever a person who is liable to contribute to supplementary welfare allowance granted to the recipient fails or neglects to make such contribution, the health board concerned may apply to the District Court for an order directing the person liable to contribute to make such contribution to the allowance so granted.

(3) Before making an application to the District Court under subsection (2), the health board concerned shall serve notice of the application on the person liable to contribute.

(4) Whenever the District Court is satisfied that the person liable to contribute to a grant of supplementary welfare allowance to the recipient is, at the time of the hearing of an application by a health board under subsection (2), able to contribute to the allowance so granted, the District Court shall fix the amount of the contribution to be made by the person so liable and shall order the payment thereof to the health board either by way of a lump sum payment or by way of such weekly or monthly instalments as the Court shall think proper.

(5) A health board shall not recover by means of an application under subsection (2) in relation to supplementary welfare allowance granted to a person a greater amount than the allowance so granted together with the costs of the proceedings or, where a contribution has been made in pursuance of this section without any such application, a greater amount than the difference between such contribution and the allowance so granted together with the costs of the proceedings.