Social Welfare Consolidation Act 2005 section 343J

Supplemental matters relating to notices of attachment

Section 343J deals with supplemental matters arising from notices of attachment, including refunds, notifications, legal protections for relevant persons, and restrictions on when notices may be issued.

• Where the overpaid person has already repaid the full overpayment, any amount collected from a relevant person under a notice of attachment must be refunded within 10 days.
• The Minister must notify both the overpaid person and the relevant person in writing within 10 days of receiving any payment under a notice of attachment.
• A relevant person who pays a debt to the Minister under a notice of attachment is fully discharged of that amount, and no court action can be taken against them for withholding payments as required by the notice.
• Notices of attachment cannot be issued where the relevant person is an undischarged bankrupt or a company being wound up, or where the overpaid person is an undischarged bankrupt.