Social Welfare Act, 1989

Employers to reimburse Minister for benefit etc. falsely obtained through collusion.

22.—(1) Where a person is convicted of an offence under paragraph (b) or (c) (inserted by section 17 of the Social Welfare Act, 1983 ) of subsection (1) of section 115 of the Principal Act or under subsection (1) or (2) (inserted by section 19 of the Social Welfare Act, 1983 ) of section 144 of that Act, and by reason of that offence any benefit, assistance or family income supplement was received by an employee of his which he was not entitled to receive, such person shall be liable to pay to the Minister on demand a sum not exceeding the amount of such benefit, assistance or supplement which by reason of the said offence was paid to that employee while in his employment and that sum, if not so repaid, may be recovered by the Minister as a simple contract debt in any court of competent jurisdiction.

(2) Notwithstanding the provisions of subsection (1) of this section or any other provisions of the Social Welfare Acts or regulations made under or applying the provisions of those Acts 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.