Social Welfare Consolidation Act 2005 section 343S

Reduction of compensation payment to injured person

Section 343S sets out the rules on how a compensator may reduce the compensation payment made to an injured person to reflect recoverable social welfare benefits already repaid to the Minister.

• Where a compensator has paid the total recoverable benefits to the Minister under Section 343R, the compensator may reduce the relevant compensation payment to the injured person by that same amount.
• The compensator must notify the injured person of any such reduction.
• If the total recoverable benefits exceed the relevant compensation payment, the compensator must not reduce any other compensation payments to make up the difference.
• The reduction mechanism only applies to the relevant compensation payment — all other elements of compensation are protected from reduction.