Social Welfare Consolidation Act 2005
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Recovery of sums due by civil proceedings or by deduction from other payments. [1993 s281(1)] |
341.—(1) All sums due to the Social Insurance Fund, other than in accordance with section 336 , shall be recoverable as debts due to the State and, without prejudice to any other remedy (notwithstanding the assignment by any regulations under section 17 (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 23 (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. | |
| [1993 s281(2)] |
(2) Notwithstanding section 272 , 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 13 (1) or self-employment contributions under section 21 (1) may be brought and shall be maintainable at any time. | |
| [1993 s281(3)] |
(3) All sums due to the Minister, other than in accordance with section 336 , under this Act shall be recoverable as debts due to the State and, without prejudice to any other remedy, may be recovered by the Minister as a debt under statute or simple contract debt in any court of competent jurisdiction. | |
| [1996 s41(b)] |
(4) Section 9 of the Civil Liability Act 1961 shall not apply to an action for the recovery of a debt due to the Minister or to the State under this Act. | |
| [1993 s281(4)] |
(5) 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 the manner that the Minister for Finance shall direct. | |
| [1993 s281(5); 2005 (SW&P) s23 & Sch 1] |
(6) All sums due to the Executive under this Act shall be recoverable as debts due to the State and may, without prejudice to any other remedy, be recovered by the Executive as a debt under statute or simple contract debt in any court of competent jurisdiction. | |
| [1993 s281(6); 2005 (SW&P) s21(b)] |
(7) Any benefit, assistance, supplement or payment repayable in accordance with section 335 , 336 , 337 or 338 may, without prejudice to any other method of recovery, be recovered by deduction, subject to the conditions and in the circumstances that shall be prescribed, from any benefit, assistance, supplement or payment to which the person concerned is or becomes entitled. | |
| [1993 s281(7); 1998 s20(2)] |
(8) Any child benefit repayable in accordance with section 335 , 336 , 337 or 338 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. | |
| [1993 s281(8); 2005 (SW&P) s23 & Sch 1] |
(9) 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 Executive 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 Executive as aforesaid or that an order has been made by a court requiring the payment by the person of the sums which he or she is liable to pay to the Minister or the Executive under this section, and any costs required by that order to be paid to the Minister or the Executive are deemed, for the purposes of this section, to be sums payable by the person to the Minister or the Executive (as the case may be) under this section. |