Social Welfare Consolidation Act 2005 section 145

Certain claims

Section 145 contains transitional provisions that protected certain jobseeker's allowance payments and claims made around the time new couple payment rules were introduced in mid-1989.

  • Claims made on or after 9 May 1989 for periods before 7 June 1989 must be paid according to the couple payment rules (section 144), even if a higher amount was claimed.
  • Claimants who had not specifically applied for additional amounts before 9 May 1989 (for periods before 7 June 1989) lost entitlement to those additional amounts.
  • A valid claim required either a written application to the Minister or court proceedings against the Minister.
  • Jobseeker's allowance amounts correctly paid before 7 June 1989 cannot be recovered by the Minister, even if the Social Welfare (No. 2) Act 1989 would otherwise permit recovery.

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