Social Welfare Consolidation Act 2005

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Offences.

[1993 s296(1)]

356.—(1) Where, without reasonable excuse, a person—

(a) fails to comply with section 348 (1) or (2) or 351 or an order under section 350 or 354 (2), or

(b) gives to a court a statement under section 350 (1), or a notification under section 351 , that is false or misleading, or fails to give any statement,

and the competent authority as a result fails to obtain a sum of money due under an attachment of earnings order, that sum may be sued for as a simple contract debt in any court of competent jurisdiction by the competent authority or the District Court clerk to whom that sum is to be paid, and that court may order the person to pay to the competent authority or the District Court clerk, as appropriate, the amount (not exceeding the sum aforesaid) that in all the circumstances the court considers proper for distribution in the manner and in the amounts that the court may specify to the competent authority for whose benefit the attachment of earnings order was made.

(2) Where a person gives to a District Court—

(a) a statement under section 350 , or

(b) a notification under section 351 ,

that is to his or her knowledge false or misleading, the person is guilty of an offence and is liable on summary conviction to a fine not exceeding €1,500 or to imprisonment for a term not exceeding 6 months or to both.

(3) A person who contravenes section 348 (3) is guilty of an offence and is liable on summary conviction to a fine not exceeding €1,500.