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Failure to keep records.
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29.—The Principal Act is hereby amended by the substitution for section 219 of the following section:
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“Failure to keep records.
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219.—(1) Where—
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(a) an employer has failed to keep records under regulations made under section 14 (5) or 215A or has failed to make a notification under regulations made under section 215, or
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(b) any other person who engages a person (referred to in this section as a ‘contracted person’) under a contract for service to perform a service, has failed to keep records under regulations made under section 215A or has failed to make a notification under regulations made under section 215,
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and an employee or a contracted person (as the case may be) receives payment, due wholly or partly by reason of that failure, of benefit which he was not entitled to receive in respect of any day on which he was in the employment of the said employer or engaged under a contract for service by the other person, such employer or other person (as the case may be) shall be liable to pay to the Minister on demand a sum not exceeding the amount of benefit which was paid to the said employee or contracted person (as the case may be) and that sum, if not repaid by the employee or contracted person (as the case may be), may be recovered by the Minister as a simple contract debt in any court of competent jurisdiction.
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(2) It shall be presumed until the contrary is shown that any payment aforesaid was made wholly or partly by reason of the failure of the employer or other person who engages a person under a contract for service to keep the said records or to make the said notification referred to in subsection (1).
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(3) Where there is a material difference between any document issued by or on behalf of an employer or other person who engages a person under a contract for service, to an employee or contracted person (as the case may be) and any other document furnished to the Minister or to the Collector-General and the employee or contracted person (as the case may be) wholly or partly as a result of that difference, receives benefit to which he was not entitled, such employer or other person (as the case may be) shall be liable to pay to the Minister on demand a sum not exceeding the amount of benefit which was paid to the said employee or contracted person (as the case may be) and such sum, if not repaid by the employee or contracted person (as the case may be), may be recovered by the Minister as a simple contract debt in any court of competent jurisdiction.
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(4) For the purposes of subsection (3) an employee or contracted person (as the case may be) shall include the employee's or contracted person's spouse and any other member of the employee's or contracted person's household (as the case may be) whose entitlement to benefit is regulated or adjusted by the income of the employee or contracted person (as the case may be).
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(5) Notwithstanding the provisions of subsection (1) or (3) or any other provisions of this Act under which amounts of benefit may be recovered, the amount recovered by the Minister in any case may not exceed the amount of benefit received by the employee or contracted person (as the case may be) which he was not entitled to receive.”.
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