Social Welfare Consolidation Act 2005 section 343FA

Attachment of money from State

Section 343FA deals with the attachment of money owed by Government Ministers or public bodies to overpaid persons, including rules on how jointly owed amounts are apportioned and limits on the amount that can be attached.

• Where a Minister or public body owes money (including interest) to an overpaid person under a prescribed enactment, that money is treated as a debt due to the overpaid person once a notice of attachment is received.
• If the money is owed jointly to the overpaid person and others, it is presumed to be owed in equal shares — only the overpaid person's share can be attached — unless evidence of the actual split is provided within 10 days.
• The amount specified in the notice of attachment must not be so large that it would push the overpaid person into eligibility for supplementary welfare allowance.
• When a Minister or public body makes a payment under a notice of attachment, they must notify the overpaid person in writing of the payment and its amount within 10 days.