Social Welfare (No. 2) Act, 1976

Presumption regarding truth of information in applications for certain benefit, allowance, pension or assistance.

11.—(1) This section applies to the following Acts—

(a) the Old Age Pensions Acts, 1908 to 1976,

(b) the Unemployment Assistance Acts, 1933 to 1976,

(c) the Widows' and Orphans' Pensions Acts, 1935 to 1976,

(d) the Insurance (Intermittent Unemployment) Acts, 1942 to 1976,

(e) the Social Welfare (Children's Allowances) Acts, 1944 to 1975,

(f) the Social Welfare Acts, 1952 to 1976.

(2) Where in a prosecution for an offence under any of the Acts to which this section applies, or under regulations made under or applying the provisions of any of those Acts, it is shown to the satisfaction of the court—

(a) that an application has been made by a person (in this section referred to as the defendant) for benefit, allowance, pension or assistance under any of the Acts to which this section applies, and

(b) that as a result of that application benefit, allowance, pension or assistance under any of the Acts to which this section applies has been paid to any person (whether or not such benefit, allowance, pension or assistance was that applied for and whether or not it was paid to the defendant),

the defendant shall be presumed to have given any information contained in the application (or to have caused it to be given on his behalf) and, where such information is false, with full knowledge of such falsity and with intent that it should deceive; but this presumption may be rebutted.