Social Welfare Act, 1991

Recoupment of supplementary welfare allowance.

44.—(1) The Principal Act is hereby amended by the insertion after section 215A (inserted by section 38 of the Act of 1990) of the following section:

“Recoupment of supplementary welfare allowance.


(a) in respect of any period a health board has granted supplementary welfare allowance to or in respect of a person who, though entitled to any other benefit, pension, assistance, allowance or supplement under this Act (in this section referred to as ‘relevant payment’), is not in receipt of such relevant payment, and

(b) such supplementary welfare allowance is in excess of the amount which would have been granted to that person if he had been in receipt of such relevant payment, and

(c) any relevant payment accruing in respect of any part of the same period (in this section referred to as ‘the arrears’) 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 section referred to as ‘the excess’) so paid by the board in excess for the period in respect of which the arrears accrued,

the Minister may reduce the arrears by the amount of the excess and such amount shall be treated as having been paid on account of the relevant payment.”.

(2) Sections 130 (10), 152 and 194 of the Principal Act are hereby repealed.

(3) This section shall come into operation on the 1st day of January, 1992.