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CHAPTER 4
Offences, Miscellaneous Control Provisions and Proceedings
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Offences
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False statements and offences, including offences relating to bodies corporate.
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[1993, s. 27]
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213.—(1) If, for the purpose of—
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(a) obtaining or establishing entitlement to payment of any benefit for himself or for any other person, or
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(b) obtaining or establishing entitlement to payment of any benefit for himself or for any other person which is in excess of that which he was entitled to, or
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(c) avoiding the making by himself or any other person of any repayment under this Act,
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or for any other purpose connected with this Act, any person—
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(i) knowingly makes any statement or representation (whether written or verbal) which is to his knowledge false or misleading in any material respect, or knowingly conceals any material fact, or
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(ii) produces or furnishes, or causes or knowingly allows to be produced or furnished, any document or information which he knows to be false in a material particular,
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he shall be guilty of an offence.
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[1993, s. 27]
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(2) An employer or any servant or agent of an employer who aids, abets, counsels or procures an employee in the employment of that employer to commit any offence under subsection (1) shall be guilty of an offence.
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[1993, s. 27]
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(3) A person convicted of an offence under this section in relation to child benefit shall be disqualified for the receipt of child benefit for the period of 3 months immediately following the date of the conviction.
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[1993, s. 27]
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(4) Where a person is convicted of an offence under subsection (1) or (2) and by reason of that offence any benefit (other than child benefit) 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 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 debt under statute in any court of competent jurisdiction.
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[1993, s. 27]
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(5) Notwithstanding the provisions of subsection (5) or any other provisions of this Act under which amounts of benefit (other than child benefit) may be recovered, the amount recovered by the Minister, in any case may not exceed the amount of benefit received by the employee which he was not entitled to receive.
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[1993, s. 27]
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(6) Regulations under this Act may provide for offences consisting of contraventions of or failures to comply with such regulations and, where such offences are provided for, a person guilty of any such offence shall be liable on summary conviction to the penalties provided for in section 218(1)(a).
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[1993, s. 27]
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(7) Where an offence under this Act is committed by a body corporate and, in the case of an offence under subsection (1), where the offence is committed by an employee or officer of the body corporate, and is proved to have been so committed with the consent, connivance or approval of or to have been attributable to any wilful neglect on the part of any person, being a director, manager, secretary or any other officer of the body corporate or a person who was purporting to act in any such capacity, that person, as well as the body corporate, shall be guilty of an offence and shall be liable to be proceeded against and punished as if he were guilty of the first-mentioned offence.
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[1993, s. 27]
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(8) It shall be a defence to a prosecution for an offence under subsection (7) for a person to show that the offence was committed without his knowledge and that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised, having regard to the nature of his position as director, manager, secretary or other officer and to all the circumstances.
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[1993, s. 27]
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(9) Any summons or other document required to be served for the purpose of proceedings under this Act on a body corporate may be served—
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(a) by leaving it at or sending it by post to the registered office of the body corporate,
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(b) by leaving it at or sending it by post to any place in the State at which the body corporate conducts business, or
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(c) by sending it by post to any person who is a director, manager, secretary or other officer of the body corporate or is purporting to act in any such capacity at the place where that person resides.
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[1993, s. 33(1)]
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(10) Where a person is in receipt of assistance or has made a claim for assistance which has not been finally determined, and his means have increased since the date of latest investigation thereof, or, if no such investigation has taken place, since the date of making the claim, the person shall, within such period as may be prescribed, give or cause to be given to the Minister notification in writing of the increase.
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[1993, s. 33(2)]
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(11) A person who fails or neglects to comply with the provisions of subsection (10) shall be guilty of an offence.
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