Social Welfare Consolidation Act 2005

Overpayments.

[1993 s278; 2005 (SW&P) s23 & Sch 1]

335.—Where, in accordance with section 302 , 319 or 325 , a decision or determination is varied or reversed by a deciding officer, an appeals officer or an employee of the Executive (as the case may be) so as to disallow or reduce any benefit, assistance, child benefit, family income supplement or continued payment for qualified children 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 the person and any other person to whom the benefit was paid on behalf of that person, or the personal representative of that person, shall be liable to pay to the 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 determined by the Executive under Part 3 ), child benefit, family income supplement or continued payment for qualified children 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 the person and any other person to whom that assistance, child benefit, family income supplement or continued payment for qualified children (as the case may be) was paid on behalf of that person, or the personal representative of that 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 determined by the Executive paid in pursuance of the original determination shall be repayable to the Executive to the extent to which it would not have been payable if the revised determination had been given in the first instance and the person and any other person to whom the supplementary welfare allowance was paid on behalf of that person, or the personal representative of that person, shall be liable to pay on demand by the Executive the sum so repayable,

(d) any supplementary welfare allowance paid in pursuance of the original determination shall be repayable to the Minister to the extent to which it would not have been payable if the revised decision made in accordance with section 301 (2) had been given in the first instance and the person and any other person to whom the supplementary welfare allowance was paid on behalf of that person, or the personal representative of that person, shall be liable to pay on demand by the Minister the sum so repayable.