Social Welfare Consolidation Act 2005 section 343A

Interpretation

Section 343A defines the key terms used in the attachment process for recovering social welfare overpayments from third parties who owe money to the overpaid person.

• A "debt" is any money owed by a third party (the "relevant person") to someone who has been overpaid social welfare, at the time a notice of attachment is received — regardless of whether the overpaid person has requested payment
• An "additional debt" is any further amount that becomes owed by the relevant person to the overpaid person after the notice of attachment is received but before the relevant period ends
• The "relevant period" runs from when the relevant person receives the notice of attachment until the earliest of: full payment of the relevant amount to the Minister, receipt of a notice of revocation, or bankruptcy or winding up of either party
• Other defined terms include "deposit", "emoluments", "financial institution", "public body", "relevant amount", "relevant person", and "overpaid person" — each with specific meanings for the purposes of the attachment process