Social Welfare Consolidation Act 2005 section 204

Recoupment of supplementary welfare allowance

Section 204 allows the Minister to recover overpaid Supplementary Welfare Allowance by reducing other social welfare payments when a person was entitled to, but not receiving, an alternative benefit at the time.

  • Where Supplementary Welfare Allowance (SWA) is paid to someone who was entitled to another social welfare payment but was not receiving it, the SWA may have been higher than necessary.
  • The deciding officer must certify to the Minister the amount overpaid (the "excess") for the period in question.
  • The Minister may then reduce any relevant payment that is or becomes payable to that person by the amount of the excess.
  • The deducted amount is treated as having been paid on account of the relevant payment, effectively clearing the overpayment.

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