Social Welfare (Consolidation) Act, 1993
|
Contribution towards benefit or allowance. |
[1989, s. 12(1)] | |
286.—(1) Where a benefit or allowance is paid to any recipient, every person who is liable to maintain that recipient or to maintain any child in respect of whom an increase in such benefit or allowance is granted, shall be liable to contribute to the competent authority such amount as that authority may determine to be appropriate towards such benefit or allowance. | ||
[1989, s. 12(1); 1992, s. 21] | ||
(2) Where a person who is liable to contribute under subsection (1) (subsequently referred to in this Part as “the liable relative”) fails or neglects to contribute, the competent authority may apply to the District Court for an order directing the liable relative to make such contribution towards the benefit or allowance. | ||
[1989, s. 12(1); 1992, s. 21] | ||
(3) The competent authority, before making an application to the District Court under subsection (2), shall serve notice of the application on the liable relative. | ||
[1989, s. 12(1); 1992, s. 21] | ||
(4) Where the District Court is satisfied that, at the time of the hearing of an application by the competent authority under subsection (2), the liable relative had failed or neglected to make the contribution required under subsection (1) and was able to contribute to the benefit or allowance granted, the District Court shall fix the amount of the contribution to be made by the liable relative and shall order the payment thereof to the competent authority by way of such payments as the Court shall think proper. | ||
[1992, s. 21] | ||
(5) An order made by the District Court under subsection (4) shall, for the purposes of its variation or enforcement, be deemed to be an order for payment by instalments made under section 17 of the Enforcement of Court Orders Act, 1926 , and the said section 17 shall be construed accordingly. | ||
[1992, s. 21] | ||
(6) The District Court may, on the application of either the liable relative or the competent authority, vary in accordance with the provisions of section 5 of the Enforcement of Court Orders Act, 1940 , an order made by it under subsection (4) and the said section 5 shall, with any necessary modifications, be construed accordingly: | ||
Provided that any such application made by either party be notified to the other party in advance. | ||
[1992, s. 21] | ||
(7) The District Court may, on application by the competent authority in whose favour an order was made under subsection (4) for an order for the arrest and imprisonment of the debtor under section 6 of the Enforcement of Court Orders Act, 1940 , proceed in accordance with the provisions of the said section 6. | ||
[1992, s. 21] | ||
(8) The provisions of— | ||
(a) section 4 (1) (inserted by section 3 (3) of the Courts (No.2) Act, 1986) of the Enforcement of Court Orders Act, 1940 (which relates to the duration of instalment orders), and | ||
(b) section 5 (4) (inserted by section 3 of the Courts (No.2) Act, 1986 ) of the Enforcement of Court Orders Act, 1940 (which relates to the duration of variation orders), | ||
shall not apply to orders made under subsection (4) of this section. |