Social Welfare (Consolidation) Act, 1981

Pension granted to person in receipt of supplementary welfare allowance.

[1935 WOPS, s. 55; 1953 HA, s. 69; S.I. No. 168 of 1977 ]

194.—(1) Where—

(a) in respect of any period a health board has granted supplementary welfare allowance to or on account of a person who, though entitled to a pension, is not at that time receiving payments on account thereof, and

(b) the said allowance is in excess of the amount which would have been granted to that person if he had been receiving payment on account of a pension, and

(c) any sum (in this subsection referred to as the arrears) accruing in respect of any part of the said period on account of a pension subsequently becomes payable to that person, and

(d) the health board has, before the arrears are paid to that person, certified to the Minister the amount (in this subsection referred (to as the excess) so paid by the board in excess for the period in respect of which the arrears accrued,

[1952, s. 61]

the Minister may reduce the arrears by an amount not exceeding the amount of the excess and shall, in such case, pay to the health board out of moneys provided by the Oireachtas a sum equal to the amount by which the arrears are so reduced.

(2) This section shall extend to a case where any sum becomes subsequently payable on account of an amount payable in respect of a qualified child or qualified children under this Chapter or a pension payable in respect of an orphan on account of whom any such supplementary welfare allowance as is mentioned in subsection (1) has been granted in like manner as to a case where a sum on account of a pension becomes subsequently payable to a person to or on account of whom such supplementary welfare allowance has been granted, and shall apply in such a case subject to the necessary modifications.