Social Welfare Act, 1991

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Overlapping provisions.

43.—(1) The Principal Act is hereby amended by the substitution for sections 130 and 131 of the following section:

“Overlapping provisions.

130.—(1) Where, but for this subsection, more than one of the following would be payable to or in respect of a person in respect of the same period, only one shall be paid—

(a) any benefit specified in subsection (1) of section 17 other than pay-related benefit, death benefit by way of a grant in respect of funeral expenses or death grant, or

(b) any assistance specified in subsection (1) of section 134 other than supplementary welfare allowance, or

(c) a maintenance allowance under section 69 of the Health Act, 1970 , or

(d) a payment under section 44 of the Health Act, 1947 , to a person suffering from an infectious disease.

(2) Where, but for this subsection, more than one of the following would be payable to or in respect of a qualified child in respect of the same period, only one shall be paid—

(a) any benefit specified in subsection (1) of section 17 other than pay-related benefit, death benefit by way of a grant in respect of funeral expenses or death grant, or

(b) any assistance specified in subsection (1) of section 134 other than supplementary welfare allowance, or

(c) a maintenance allowance under section 69 of the Health Act, 1970 , or

(d) a payment under section 44 of the Health Act, 1947 , to a person suffering from an infectious disease, or

(e) any increase in the said benefit in respect of an adult dependant, or

(f) any increase in the said assistance in respect of an adult dependant, or

(g) any increase in the said benefit in respect of a qualified child, or

(h) any increase in the said assistance in respect of a qualified child.

(3) For the purposes of this section—

(a) an increase of a maintenance allowance under section 69 of the Health Act, 1970, or an increase of a payment under section 44 of the Health Act, 1947 , to a person suffering from an infectious disease, may be regarded as a separate payment, and

(b) any payment specified in paragraph (a), (b), (c) or (d) of subsection (1) payable in respect of a person may be regarded as such specified payment payable to that person.

(4) Notwithstanding subsections (1) and (2), the Minister may make regulations enabling more than one of the payments specified in those subsections to be paid to or in respect of a person in respect of the same period.

(5) Regulations made under subsection (4) may provide for reducing the amount of any payments specified in subsections (1) and (2) (including the partial payment thereof).

(6) Where, but for this subsection, family income supplement and unemployment benefit, retirement pension, unemployment assistance or pre-retirement allowance would be payable to a person in respect of the same period, family income supplement shall not be payable to that person in respect of that period.

(7) Where, but for this subsection, family income supplement would be payable to a person in a period of incapacity for work in respect of which disability benefit or injury benefit is also payable to that person, family income supplement shall not be payable to that person for that part of the period of incapacity for work which exceeds six weeks.

(8) Where in respect of the death of a person, a death grant and death benefit by way of a grant in respect of funeral expenses would, but for this subsection, be payable, only one such grant shall be payable.

(9) Regulations may provide for treating any payment specified in subsection (1) or (2), which it is subsequently decided was not payable, as paid on account of any other payment specified in those subsections which it is decided was payable.

(10) Regulations may provide—

(a) for recoupment from the Social Insurance Fund 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 child benefit was not received.”.

(2) Subsection (2) of section 113 of the Principal Act is hereby amended by the substitution for paragraph (b) (as amended by section 17 of the Act of 1986) of the following paragraph:

“(b) in a case referred to in section 300 (5) (a), for the repayment of any such benefit and the recovery thereof by deduction from any benefit or any assistance (except orphan's (non-contributory) pension, supplementary welfare allowance or child benefit) as may be specified, or otherwise.”.

(3) This section shall come into operation on such day or days as the Minister may appoint by order or orders and different days may be so appointed for different provisions of this section.