Social Welfare Consolidation Act 2005 section 343R

Obligation to pay recoverable benefits

Section 343R requires a compensator to pay recoverable social welfare benefits to the Minister before making any compensation payment to an injured person, and sets out the consequences of failing to do so.

• The compensator must pay the amount of recoverable benefits specified in the statement of recoverable benefits to the Minister before paying any compensation to the injured person.
• Where the recoverable benefits exceed the compensation amount (as ordered by a court or assessed by the Personal Injuries Assessment Board), the compensator's liability is capped at the compensation amount.
• A compensator who fails to pay the recoverable benefits to the Minister is liable to pay the full amount due on demand.
• These rules ensure the State recoups social welfare benefits already paid to an injured person before that person receives separate compensation.