Social Welfare Consolidation Act 2005 section 343B

Person to whom notice of attachment may be given

Section 343B defines who can be issued with a notice of attachment and the conditions that must be met before the Minister can issue such a notice to recover overpaid social welfare amounts.

• A person who owes money to the Social Insurance Fund or the Minister due to a social welfare overpayment is called the "overpaid person", and the debt owed is the "relevant amount".
• The Minister may issue a notice of attachment to recover the relevant amount, even though other recovery methods are available.
• A notice of attachment can only be issued where the overpaid person has failed to repay the amount or has not responded satisfactorily to an earlier demand notice.
• The Minister must also have given the overpaid person a formal warning notice before the notice of attachment can be issued.