Social Welfare Consolidation Act 2005 section 343H

Notice of attachment

Section 343H provides for the issuing of a notice of attachment to recover overpaid social welfare amounts from third parties who owe debts to the overpaid person.

• Where an overpaid person fails to repay, the Minister may issue a notice of attachment to a relevant person directing them to declare and pay over any debt owed to the overpaid person
• The relevant person must reply within 10 days confirming whether a debt is due and, if so, pay the lesser of the debt or the relevant amount to the Minister
• Special rules apply where the debt forms part of a joint deposit in a financial institution or a joint amount due from a government minister or public body
• During the relevant period, the relevant person must report and pay over any additional debts as they arise and is prohibited from making disbursements that would reduce the debt below the relevant amount