Social Welfare Consolidation Act 2005 section 341

Recovery of sums due by civil proceedings or by deduction from other payments

Section 341 sets out how debts owed to the Social Insurance Fund and the Minister can be recovered, including the power to pursue them in court without time limits, and the rules for recovering overpayments by deduction from ongoing benefits.

• All sums due to the Social Insurance Fund are recoverable as debts due to the State, and proceedings to recover contribution debts can be brought at any time with no statutory time limit
• Overpayments of benefits, assistance, supplements, payments or dividends can be recovered by deduction from any current or future entitlements, subject to a cap of 15% of the weekly rate (with the person's written consent required to exceed this)
• Overpaid child benefit can be recovered by deduction from future child benefit payments, and a person subject to benefit deductions for overpayment recovery cannot claim supplementary welfare allowance
• The Minister's power to make deductions continues even where court proceedings have been started or a court order for repayment has been made, and any court-ordered costs are treated as recoverable sums