Social Welfare Consolidation Act 2005 section 343U

Refund to compensator where specified benefit not paid

Section 343U provides for the Minister to refund a compensator where specified benefits included in a recovery payment were not actually paid to the injured person.

• Where a compensator has made a payment to the Minister under Section 343R, and that payment includes amounts for specified benefits, the Minister must refund the portion representing any of those benefits that were not paid out.
• The specified benefits eligible for refund are those recoverable benefits (as defined in the legislation) that the Minister did not actually pay to the injured person by the end of the specified period.
• The refund obligation is automatic — if the benefits were not paid, the Minister shall return the corresponding amount to the compensator.
• This section ensures that compensators are not left out of pocket for benefits that were included in the recovery calculation but never actually disbursed to the injured person.