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  4. S.I. No. 369/2013 - Social Welfare and Pensions (Miscellaneous Provisions) Act 2013 (Section 15) (Commencement) Order 2013.

S.I. No. 369/2013 - Social Welfare and Pensions (Miscellaneous Provisions) Act 2013 (Section 15) (Commencement) Order 2013.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 1st October, 2013.

I, JOAN BURTON, Minister for Social Protection, in exercise of the powers conferred on me by section 1 (5) of the Social Welfare and Pensions (Miscellaneous Provisions) Act 2013 (No. 20 of 2013), hereby order as follows:

1. This Order may be cited as the Social Welfare and Pensions (Miscellaneous Provisions) Act 2013 (Section 15) (Commencement) Order 2013.

2. The 30th day of September 2013 is appointed as the day on which section 15 of the Social Welfare and Pensions (Miscellaneous Provisions) Act 2013 (No. 20 of 2013) comes into operation.

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GIVEN under my Official Seal,

26 September 2013.

JOAN BURTON,

Minister for Social Protection.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

This Order provides for the commencement of the provisions of section 15 of the Social Welfare and Pensions (Miscellaneous Provisions) Act 2013 with effect from 30th September 2013.

Section 15 of the Social Welfare and Pensions (Miscellaneous Provisions) Act 2013 introduces additional powers for the recovery of social welfare overpayments by way of notice of attachment to earnings and certain other income. In particular, these powers provide for—

(a) the recovery of social welfare overpayments, after appropriate notice has been given, by way of deductions from a person's earnings of up to 15% of that person's net weekly earnings, and

(b) money held by the overpaid person in a financial institution to be attached for the purpose of offsetting that overpayment and they also prevent the amount of a debt due to an overpaid person (e.g. an amount on deposit in a financial institution) from being reduced before the debt due to the Minister is paid.