Irish Statutory Instruments

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 29th January, 2013.

I, JOAN BURTON, Minister for Social Protection, in exercise of the powers conferred on me by section 1 (4) of the Social Welfare Act 2012 (No. 43 of 2012), hereby order as follows:

1. This Order may be cited as the Social Welfare Act 2012 (Section 13) (Commencement) Order 2013.

2. The 28th day of January 2013 is appointed as the day on which section 13 of the Social Welfare Act 2012 (No. 43 of 2012) comes into operation.

GIVEN under my Official Seal,

25 January 2013.

JOAN BURTON,

Minister for Social Protection.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

This Order provides for the commencement of section 13 of the Social Welfare Act 2012 , with effect from the 28th January 2013.

Section 13 amends the Social Welfare Consolidation Act, 2005 in relation to the recovery of social welfare overpayments by way of weekly deductions from a person’s on-going social welfare entitlements. This amendment allows for a deduction of an amount of up to 15% of the personal weekly rate of social welfare payment payable to that person for the purpose of the recovery of an overpayment.

This section also provides that a person will not be entitled to compensate for any overpayment deduction from their primary social welfare payment by claiming Supplementary Welfare Allowance.