Social Welfare (Consolidation) Act, 1993

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Failure to keep records.

[1991, s. 29(1)]

219.—(1) Where an employer has failed to keep records under regulations made under section 14(5) or has failed to make a notification under regulations made under section 215 and an employee of the employer receives payment, due wholly or partly by reason of that failure, of disability benefit, unemployment benefit, retirement pension, invalidity pension, unemployment assistance, pre-retirement allowance or family income supplement which he was not entitled to receive in respect of any day on which he was in the employment of the said employer, such employer shall be liable to pay to the Minister on demand a sum not exceeding the amount of benefit, pension, assistance, allowance or supplement which was paid to the said employee and that sum, if not repaid by the employee, may be recovered by the Minister as a simple contract debt in any court of competent jurisdiction.

[1991, s. 29(2)]

(2) It shall be presumed until the contrary is proved that any payment aforesaid was made wholly or partly by reason of the employer's failure to keep the said records or to make the said notification referred to in subsection (1).

[1991, s. 29(3)]

(3) Where there is a material difference between any document issued by an employer, his servant or agent to an employee and any other document furnished to the Minister or to the Collector-General and an employee, wholly or partly as a result of that difference, receives benefit or assistance to which he was not entitled, such employer shall be liable to pay to the Minister on demand a sum not exceeding the amount of benefit, pension, assistance, allowance or supplement which was paid to the said employee and such sum, if not repaid by the employee, may be recovered by the Minister as a simple contract debt in any court of competent jurisdiction.

[1991, s. 29(4)]

(4) For the purposes of subsection (3) an employee shall include the employee's spouse and any other member of the employee's household whose entitlement to benefit or assistance is regulated or adjusted by the income of the employee.

[1991, s. 29(5)]

(5) Notwithstanding the provisions of subsection (1) or (3) or any other provisions of this Act under which amounts of benefit, assistance or supplement may be recovered, the amount recovered by the Minister in any case may not exceed the amount of benefit, assistance or supplement received by the employee which he was not entitled to receive.