Social Welfare Consolidation Act 2005 section 343L

Interpretation

Section 343L provides the key definitions used throughout Part 11B, which deals with the recovery by the State of certain social welfare benefits paid to a person who subsequently receives a personal injury compensation payment.

  • Part 11B allows the Minister to recover social welfare benefits already paid (or due to be paid) to an injured person, where that person later receives a compensation payment for the same injury.
  • Key terms include "compensator" (the party paying compensation), "injured person," "recoverable benefits," and "relevant compensation payment" (the portion of compensation attributable to lost earnings or profits).
  • "Recoverable benefits" covers specified social welfare benefits paid before the statement of recoverable benefits is issued, plus any that may be paid up to the end of the specified period.
  • The Minister issues a "statement of recoverable benefits" setting out the amount recoverable; this can be replaced by a "revised statement" if circumstances change.

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