Social Welfare Act, 1993
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Alignment and consolidation of provisions relating to decisions and effect of decisions, overpayments, repayments, interim payments and suspension of payment. |
31.—(1) The Principal Act is hereby amended by the substitution for section 300 of the following sections: | |
“Revised decisions. | ||
300.—(1) A deciding officer may, at any time— | ||
(a) revise any decision of a deciding officer, if it appears to him that the decision was erroneous in the light of new evidence or of new facts which have been brought to his notice since the date on which it was given or by reason of some mistake having been made in relation to the law or the facts, or if it appears to him that there has been any relevant change of circumstances since the decision was given, or | ||
(b) revise any decision of an appeals officer if it appears to him that there has been any relevant change of circumstances which has come to notice since the decision was given, | ||
and the provisions of this Part as to appeals shall apply to the revised decision in the same manner as they apply to an original decision of a deciding officer. | ||
(2) Subsection (1) (a) shall not apply to a decision relating to a matter which is on appeal or reference under section 298 unless the revised decision would be in favour of a claimant. | ||
(3) An appeals officer may, at any time, revise any decision of an appeals officer if it appears to him that the decision was erroneous in the light of new evidence or of new facts brought to his notice since the date on which it was given, or if it appears to him that there has been any relevant change of circumstances since the decision was given. | ||
(4) The Chief Appeals Officer may, at any time, revise any decision of an appeals officer, if it appears to him that the decision was erroneous by reason of some mistake having been made in relation to the law or the facts, and, save where the question is a question to which section 298 (6) applies, any person who is dissatisfied with the revised decision may appeal that decision to the High Court on any question of law. | ||
Revised determination of entitlement to supplementary welfare allowance. | ||
300A.—An officer of a health board who is duly authorised to determine entitlement to a supplementary welfare allowance may, at any time, revise any determination of entitlement to such allowance if it appears to him that the determination was erroneous in the light of new evidence or of new facts which have been brought to his notice since the date on which the determination was given or if it appears to him in a case where an allowance has been payable that there has been any relevant change of circumstances since the determination was given. | ||
Effect of revised decisions and determinations. | ||
300B.—A revised decision given by a deciding officer or an appeals officer or a revised determination of entitlement to a supplementary welfare allowance given by an officer of a health board shall take effect as follows— | ||
(a) where any benefit, assistance, child benefit or family income supplement will, by virtue of the revised decision or determination (as the case may be), be disallowed or reduced and the revised decision or determination is given owing to the original decision or determination having been given, or having continued in effect, by reason of any statement or representation (whether written or verbal) which was to the knowledge of the person making it false or misleading in a material respect or by reason of the wilful concealment of any material fact, it shall take effect as from the date on which the original decision or determination took effect, but the original decision or determination may, in the discretion of the deciding officer, appeals officer or officer of the health board (as the case may be), continue to apply to any period covered by the original decision or determination to which such false or misleading statement or representation or such wilful concealment of any material fact does not relate; | ||
(b) where any benefit, assistance, child benefit or family income supplement will, by virtue of the revised decision or determination, be disallowed or reduced and the revised decision or determination is given in the light of new evidence or new facts (relating to periods prior to and subsequent to the commencement of this section) which have been brought to the notice of the deciding officer, appeals officer or officer of the health board (as the case may be) since the original decision or determination was given, it shall take effect from such date as that officer shall determine having regard to the new facts or new evidence; | ||
(c) in any other case, it shall take effect as from the date considered appropriate by the deciding officer, appeals officer or officer of the health board, having regard to the circumstances of the case. | ||
Revision to include revision consisting of reversal. | ||
300C.—A reference in this Part to a revised decision given by a deciding officer or an appeals officer or a revised determination given by an officer of a health board includes a reference to a revised decision or determination which reverses the original decision or determination. | ||
Interim payments, suspension of payment and repayment. | ||
300D.—(1) Regulations may make provision in relation to matters arising— | ||
(a) pending the decision or determination under Part II, III, IV, IVA, VIIA or this Part (whether in the first instance or on an appeal or reference, and whether originally or on revision) of any claim for benefit, assistance, child benefit or family income supplement or of any question affecting any person's right to any such benefit, assistance, child benefit or family income supplement or to receipt thereof or any person's liability for contributions, or | ||
(b) out of the effect of any appeal or revision of any decision or determination under Part II, III, IV, IVA, VIIA or this Part on any such claim or question. | ||
(2) Where it appears to the Minister that a question has arisen or may arise as to whether— | ||
(a) the conditions for the receipt of benefit, assistance (other than a supplementary welfare allowance), child benefit or family income supplement payable under a decision are or were fulfilled, or | ||
(b) a decision that any such benefit, assistance, child benefit or family income supplement is payable ought to be revised under this section, | ||
he may direct that payment of the said benefit, assistance, child benefit or family income supplement shall be suspended in whole or in part until the question has been decided. | ||
(3) Where it appears to an officer of a health board who is duly authorised to determine entitlement to supplementary welfare allowance that a question has arisen or may arise as to whether— | ||
(a) the conditions for the receipt of an allowance payable under a determination are or were fulfilled, or | ||
(b) a determination of entitlement ought to be revised under this section, | ||
payment of the supplementary welfare allowance may be suspended in whole or in part until that question has been determined. | ||
(4) Where, in accordance with the provisions of section 300B, a decision or determination is varied or reversed by a deciding officer, an appeals officer or an officer of the health board (as the case may be) so as to disallow or reduce any benefit, assistance, child benefit or family income supplement paid or payable to a person— | ||
(a) any benefit paid in pursuance of the original decision shall be repayable to the Social Insurance Fund to the extent to which it would not have been payable if the decision on the appeal or revision had been given in the first instance and such person and any other person to whom the benefit was paid on behalf of such person, or the personal representative of such person, shall be liable to pay to the said fund, on demand made in that behalf by an officer of the Minister, the sum so repayable, | ||
(b) any assistance (other than supplementary welfare allowance under Part III), child benefit or family income supplement paid in pursuance of the original decision shall be repayable to the Minister to the extent to which it would not have been payable if the decision on the appeal or revision had been given in the first instance and such person and any other person to whom the said assistance, child benefit or family income supplement (as the case may be) was paid on behalf of such person, or the personal representative of such person, shall be liable to pay to the Minister, on demand made in that behalf by an officer of the Minister, the sum so repayable, | ||
(c) any supplementary welfare allowance paid in pursuance of the original determination shall be repayable to the health board to the extent to which it would not have been payable if the revised determination had been given in the first instance and such person and any other person to whom the supplementary welfare allowance was paid on behalf of such person, or the personal representative of such person, shall be liable to pay on demand by the health board the sum so repayable. | ||
Repayment of benefit, assistance, etc. overpaid. | ||
300E.—Where, in any case other than a case involving a revised decision or determination in accordance with section 300B, a person has been— | ||
(a) in receipt of any benefit, assistance, child benefit or family income supplement for any period during which that person was not entitled thereto, or | ||
(b) in receipt of such benefit, assistance, child benefit or supplement at a rate higher than that to which he was entitled, | ||
then that person and any other person to whom such benefit, assistance, child benefit or supplement was paid on behalf of such person, or the personal representative of such 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), child benefit or family income supplement, and | ||
(iii) to the health board, in the case of supplementary welfare allowance, | ||
on demand any sums paid to that person in respect of the said benefit, assistance, child benefit or supplement during such period or, as the case may be, a sum representing the difference between such benefit, assistance, child benefit or supplement at the rate actually paid and benefit, assistance, child benefit or supplement at the rate to which he was entitled. | ||
Recovery of sums due by civil proceedings or by deduction from other payments. | ||
300F.—(1) All sums due to the Social Insurance Fund, other than in accordance with section 300E, shall be recoverable as debts due to the State and, without prejudice to any other remedy (notwithstanding the assignment by any regulations under section 15 (2) to the Collector-General or any other person of any function referred to in that section in relation to employment contributions or the assignment by any regulations under section 17F (2) to the Collector-General of any function referred to in that section in relation to self-employment contributions) may be recovered by the Minister as a debt under statute or simple contract debt in any court of competent jurisdiction. | ||
(2) Notwithstanding section 20 of the Social Welfare Act, 1988 , or any provision in any other enactment specifying the period within which proceedings may be commenced to recover a debt under statute or simple contract debt, any proceedings for the recovery of any sums due to the Social Insurance Fund by way of employment contributions under section 10 (1) or self-employment contributions under section 17C may be brought and shall be maintainable at any time. | ||
(3) All sums due to the Minister, other than in accordance with section 300E, under this Act shall be recoverable as debts due to the State and may, without prejudice to any other remedy, be recovered by the Minister as a debt under statute or simple contract debt in any court of competent jurisdiction. | ||
(4) Every sum repaid to or recovered by the Minister under this Act shall be paid into or disposed of for the benefit of the Exchequer or the Social Insurance Fund, as appropriate, in such manner as the Minister for Finance shall direct. | ||
(5) All sums due to a health board under this Act shall be recoverable as debts due to the State and may, without prejudice to any other remedy, be recovered by the health board as a debt under statute or simple contract debt in any court of competent jurisdiction. | ||
(6) Any benefit or assistance repayable in accordance with subsection (4) of section 300D or section 300E may, without prejudice to any other method of recovery, be recovered by deduction from any benefit or assistance (except supplementary welfare allowance) to which such person then is or becomes entitled. | ||
(7) (a) Any child benefit repayable in accordance with subsection (4) of section 300D or section 300E may, without prejudice to any other method of recovery, be recovered by deduction from any payment or payments on account of child benefit to which such person then is or becomes entitled. | ||
(b) Any family income supplement repayable in accordance with subsection (4) of section 300D or section 300E may, without prejudice to any other method of recovery, be recovered by deduction from any payment or payments on account of family income supplement to which such person then is or becomes entitled. | ||
(8) The power conferred on the Minister by this section to deduct from any payments on account of benefit, assistance, child benefit or family income supplement to which a person becomes entitled any sums payable by the person to the Minister or the health board under this section, may be exercised, notwithstanding that proceedings have been instituted in a court for the recovery of the sums which the person is liable to repay to the Minister or the health board as aforesaid or that an order has been made by a court requiring the payment by the person of the sums which he is liable to pay to the Minister or the health board under this section, and any costs required by such order to be paid to the Minister or the health board shall be deemed, for the purposes of this section, to be sums payable by the person to the Minister or the health board (as the case may be) under this section. | ||
Repayment of amounts due to be deferred, suspended, reduced or cancelled. | ||
300G.—(1) Notwithstanding anything to the contrary, where a person is required to repay an amount of any benefit, assistance (other than supplementary welfare allowance), child benefit or family income supplement in accordance with the provisions of this Act, an officer of the Minister authorised by him for this purpose or, in the case of supplementary welfare allowance, an officer of a health board may, in accordance with such code of practice as shall be prescribed, defer, suspend, reduce or cancel repayment of any such amount. | ||
(2) Regulations for the purpose of this section shall be subject to the sanction of the Minister for Finance. | ||
Effect of decisions on proceedings. | ||
300H.—In any proceedings for an offence under this Act, or in any proceedings involving any issue related to the payment of contributions, or for the recovery of any sums due to the Minister or the Social Insurance Fund, a decision on any question relevant to the proceedings given in accordance with this Act shall, unless an appeal or reference in respect of the decision is pending or the prescribed time for appealing against the decision has not expired, be conclusive for the purpose of those proceedings and— | ||
(a) if any such decision which might be so given has not been obtained and the decision is necessary for the determination of the proceedings, the question shall be submitted for decision in accordance with this Act, and | ||
(b) where any such appeal or reference is pending or the time for so appealing has not expired or any question has been submitted under paragraph (a), the court dealing with the case shall adjourn the proceedings until such time as a final decision on the question has been obtained.”. | ||
(2) Section 298 of the Principal Act is hereby amended by the substitution for subsection (6) of the following subsection: | ||
“(6) The decision of an appeals officer on any question— | ||
(a) specified in section 111 (1) (a), (b) or (c), other than a question arising under Chapter 5 of Part II as to whether an accident arose out of and in the course of employment, and | ||
(b) arising under Part III, IV, IVA or VIIA, | ||
shall, subject to sections 300 (1) (b), 300 (3) and 300 (4), be final and conclusive.”. |