Social Welfare Consolidation Act 2005 section 342A

Repayment of amounts due arising from false or misleading statements or willful concealment of facts

Section 342A provides that where a person must repay an overpayment following a revised decision or determination, the repayment amount is not reduced by any alternative payment they might otherwise have been entitled to during the overpayment period.

• Where a revised decision or determination requires repayment of a social welfare overpayment, the full overpayment amount must be repaid without any offset for alternative entitlements during the same period
• This applies to revised decisions by deciding officers, revised decisions by appeals officers, and revised determinations — covering the main routes by which overpayments are identified
• The rule prevents a person from arguing that their repayment should be reduced because they would have qualified for a different (usually lower) payment during the overpayment period
• The provision applies to revised decisions or determinations made on or after 29 June 2011, regardless of whether the overpayment period itself began before or after that date