Social Welfare (Recovery of Overpayments) Regulations 2005
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These regulations may be cited as the Social Welfare (Recovery of Overpayments) Regulations 2005.
Definitions.
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paragraphs: In these regulations—
“Department” means the Department of Social and Family Affairs;
“Minister” means the Minister for Social and Family Affairs;
Provision of information on overpayments.
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paragraphs: Where an overpayment has been assessed against a person, in accordance with Part VIII of the Social Welfare (Consolidation) Act 1993 , that person shall be—
(a) informed of the factors which gave rise to the overpayment,
(b) informed of the amount of overpayment,
(c) informed of the proposed method of recovery, and
(d) afforded an opportunity to bring to the notice of the Department or Health Service Executive as appropriate—
(i) any view he or she may wish to offer on the assessment of the overpayment,
(ii) any view he or she may wish to offer on the proposed method of recovery of the overpayment and
(iii) any facts or circumstances which he or she considers relevant to the recovery of the overpayment.
before any decision is made regarding the recovery of the overpayment.
Means of recovery of overpayment.
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paragraphs: The Minister or the Health Service Executive, as appropriate, shall make every effort to recover overpayments in full having regard to the provisions of these regulations and shall, subject to these regulations, determine the method and rate of repayment and such repayment may take the form of lump sum payment or periodic payments.
Determining the means of recovery.
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paragraphs: When determining the method and rate of repaymentof an overpayment, the Minister or the Health Service Executive shall take account of—
(a) the amount of the overpayment and the circumstances in which it arose, and
(b) any facts or circumstances relevant to the recovery that have come to the notice of the Department or Health Service Executive.
Recovery of overpayment by means of deduction from social welfare payment.
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paragraphs: Where the person liable to repay an overpayment isentitled to or in receipt of, or subsequently becomes entitled to
(a) any benefit specified in section 30(1), or
(b) any assistance specified in section 118(1)
recovery of an overpayment may take the form of
(i) withholding all or part of arrears of social welfare payments due to that person, or
(ii) making deductions from ongoing payments having regard to the total amount to be recovered and the person’s ability to repay,
provided that recovery of the overpayment shall not cause without the prior written agreement of the person liable to repay the overpayment, that person’s weekly payment of benefit or assistance, as the case may be, to fall below the weekly rate of supplementary welfare allowance appropriate to his or her family circumstances that would be payable if the person were not in receipt of any benefit or assistance.
Reduction or cancellation of sum to be repaid.
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paragraphs: (1) The amount of an overpayment to be repaid maybe reduced where the overpayment arose because of—
(a) a failure by the Department or Health Service Executive to act within a reasonable period on information which was provided by or on behalf of the person concerned, or
(b) an error by the Department or Health Service Executive and the person concerned could not reasonably have been expected to be aware that a failure or error had occurred.
(2) The amount to be repaid shall, where the facts or circumstances warrant, be reduced to the amount accepted in settlement.
(3) The amount of an overpayment to be repaid may be reduced by the amount of any other social welfare payment to which the person would otherwise have been entitled in the period to which the overpayment relates had he or she not been in receipt of the payment which gave rise to the overpayment.
(4) In determining whether repayment of an overpaymentis to be reduced or cancelled, account shall be taken of any omission made by or on behalf of the person concerned which contributed in whole or in part to the overpayment being made.
(5) The repayment of an overpayment may be cancelledwhere there is no reasonable prospect of securing repayment in whole or in part.
Proceedings for recovery of overpayment.
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paragraphs: These regulations are without prejudice to any right ofthe Minister or Health Service Executive, as the case may be, to recover overpayments by proceedings taken under statute or simple contract debt in any court of competent jurisdiction.
Obligations of personal representatives.
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paragraphs: These regulations do not affect the obligation of the personal representative of a deceased person who was at any time in receipt of a social assistance payment, to: