Social Welfare (Consolidation) Act, 1981

Overlapping provisions, etc.

[1952, ss. 32, 75; 1966 MP, s. 7; 1966 OI, s. 37; S.I. Nos. 227 of 1970, 190 of 1973, 209 and 220 of 1974]

130.—(1) Regulations may, in respect of cases in which—

(a) more than one benefit, or

(b) more than one assistance (other than supplementary welfare allowance), or

(c) any combination of the following—

(i) any benefit,

(ii) any assistance (other than supplementary welfare allowance), and

(iii) children's allowance

is payable to a person, provide for adjusting any such benefit, assistance or allowance (including disallowing payment thereof either wholly or partly) that may be payable to such person or for recoupment from the Social Insurance Fund or the Occupational Injuries Fund, as the case may be, to the Exchequer of sums (or such portion thereof as may be prescribed) paid by way of unemployment assistance in respect of periods during which benefit was not received, or of sums payable by way of widow's (contributory) pension in respect of periods for which the person elects to receive widow's (non-contributory) pension.

(2) For the purposes of subsection (1), an increase of benefit may be regarded as a separate benefit, and any benefit, pension, allowance or assistance, as the case may be, payable in respect of a person may be regarded as benefit, pension, allowance or assistance payable to that person.

[ S.I. No. 168 of 1977 ]

(3) Regulations may provide—

(a) for recoupment from the Social Insurance Fund or the Occupational Injuries Fund, as the case may be, to a health board of sums (or such portion thereof as may be prescribed) paid by way of supplementary welfare allowance in respect of periods during which benefit was not received, and

(b) for recoupment from moneys provided by the Oireachtas to a health board of sums (or such portion thereof as may be prescribed) paid by way of supplementary welfare allowance in respect of periods during which unemployment assistance, old age or blind pension, or children's allowance was not received.