Social Welfare Consolidation Act 2005
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Chapter 2 Provisions Relating to Entitlement | ||
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Avoidance of multiple payments. [1993 s209(1); 2005 (SW&P) s26 &Sch 4] |
247.—(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 section 39 (1) other than death benefit by way of a grant in respect of funeral expenses, bereavement grant or widowed parent grant, | ||
(b) any assistance specified in section 139 (1) other than supplementary welfare allowance or widowed parent grant, or | ||
(c) infectious diseases maintenance allowance. | ||
| [1993 s209(2); 2005 (SW&P) s26 & Sch 4] |
(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 section 39 (1) other than death benefit by way of a grant in respect of funeral expenses, bereavement grant or widowed parent grant, | ||
(b) any assistance specified in section 139 (1) other than supplementary welfare allowance or widowed parent grant, | ||
(c) infectious diseases maintenance allowance, | ||
(d) any increase in a benefit referred to in paragraph (a) in respect of a qualified adult, | ||
(e) any increase in assistance referred to in paragraph (b) in respect of a qualified adult, | ||
(f) any increase in a benefit referred to in paragraph (a) in respect of a qualified child, or | ||
(g) any increase in assistance referred to in paragraph (b) in respect of a qualified child. | ||
| [1993 s209(3); 1996 s15(4) & Sch D] |
(3) For the purposes of this section— | |
(a) an increase of infectious diseases maintenance allowance may be regarded as a separate payment, and | ||
(b) any payment specified in subsection (1)(a), (b) or (c) payable in respect of a person may be regarded as such specified payment payable to that person. | ||
| [1993 s209(4)] |
(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. | |
| [1993 s209(5)] |
(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 of any such payments). | |
| [1993 s209(6); 1999 s17(2) & Sch D] |
(6) Where, but for this subsection, family income supplement and— | |
(a) unemployment benefit, | ||
(b) retirement pension, | ||
(c) unemployment assistance, | ||
(d) pre-retirement allowance, or | ||
(e) farm assist, | ||
would be payable to or in respect of a person in respect of the same period, only one shall be paid. | ||
| [1993 s209(7)] |
(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 6 weeks. | |
| [1996 s7(2)] |
(8) Where a continued payment for qualified children under Part 7 is payable to a person for any period, any child who is regarded as a qualified child of that person shall not, for that period, be regarded as a qualified child for the purposes of entitling any person to an increase in benefit or assistance under this Act. | |
| [1996 s7(2)] |
(9) In the case of a person who is participating in an initiative administered by the Minister and known as Back to Work Allowance and who is not entitled to, or in receipt of, family income supplement, any sums paid by way of a continued payment for qualified children under Part 7 shall be treated as paid on account of the allowance payable under the Back to Work Allowance initiative. | |
| [1993 s209(8); 1999 s19 & Sch E] |
(10) Where in respect of the death of a person, a bereavement 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. | |
| [1993 s209(9)] |
(11) 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. |