Social Welfare (Consolidation) Act, 1981
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Recovery of amounts improperly paid. [1942 IU, s. 36] |
259.—(1) Any amount of supplementary benefit received by an insured person from his employer that is not repayable to the employer out of the Fund by reason of section 258 shall be repayable by the insured person to the employer on demand made in that behalf by the employer and, if not so repaid, may be recovered by the employer as a simple contract debt in any court of competent jurisdiction or by deduction from any payment or payments of supplementary benefit to which the insured person subsequently becomes entitled. | |
(2) Every payment of supplementary benefit received by an insured person from the Minister that he was not entitled to receive under this Part shall be repayable by him to the Minister on demand made in that behalf by the Minister and, if not so repaid, may be recovered as a simple contract debt in any court of competent jurisdiction or by deduction from any payment or payments of supplementary benefit to which the insured person subsequently becomes entitled. | ||
(3) Where under subsection (2) an amount may be deducted from the supplementary benefit to which an insured person becomes entitled, it shall be the duty of an employer to make such deduction as the Minister may direct from any supplementary benefit payable to the insured person by that employer under this Part and to pay to the Minister any amount or amounts so deducted. | ||
(4) Any amount paid to an employer out of the Fund to which, under this Part, he was not entitled shall be repayable by the employer on demand made in that behalf by the Minister and, if not so repaid, may be recovered as a simple contract debt in any court of competent jurisdiction or by deduction from any amount or amounts that subsequently become payable to that employer out of the Fund. | ||
(5) Every sum recovered by or repaid to the Minister under this section shall be paid into the Fund. |