Redundancy Payments Act 1971

Offences relating to payments under Principal Act.

16

16. (1) A person who fraudulently claims a weekly payment, fraudulently applies to the Minister for a payment under section 32 of the Principal Act or fraudulently makes a claim for a rebate, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding F5 [ 5,000 ].

(2) A person who aids, abets, counsels or procures another person to commit an offence under subsection (1) of the section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding F6 [ 5,000 ].

(3) Notwithstanding any provision in any Act specifying the period within which summary proceedings may be commenced, proceedings in respect of an offence under this section may be commenced at any time within the period of three months from the date on which evidence, sufficient in the opinion of the Minister to justify a prosecution for the offence, comes to his knowledge, or within the period of twelve months after the commission of the offence, whichever period last expires.

Annotations

Amendments:

F5

Substituted (8.05.2007) by Protection of Employment (Exceptional Collective Redundancies and Related Matters) Act 2007 (27/2007), s. 21, commenced on enactment.

F6

Substituted (8.05.2007) by Protection of Employment (Exceptional Collective Redundancies and Related Matters) Act 2007 (27/2007), s. 21, commenced on enactment.

Modifications (not altering text):

C6

Functions transferred and references construed (14.10.2020) by Employment Affairs and Employment Law (Transfer of Departmental Administration and Ministerial Functions) Order 2020 (S.I. No. 438 of 2020), arts. 2, 3(1)(a), (2) and sch. part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 4-8.

2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 3 are transferred to the Department of Business, Enterprise and Innovation.

(2) References to the Department of Employment Affairs and Social Protection contained in any Act or any instrument made under such Act and relating to any administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Business, Enterprise and Innovation.

3. (1) The functions vested in the Minister for Employment Affairs and Social Protection -

(a) by or under the Acts specified in Part 1 of the Schedule and the provisions of the Acts specified in Part 2 of the Schedule, and

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are transferred to the Minister for Business, Enterprise and Innovation.

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(2) References to the Minister for Employment Affairs and Social Protection contained in any Act or instrument made under such Act and relating to any functions transferred by this Article shall, on and after the commencement of this Order, be construed as references to the Minister for Business, Enterprise and Innovation.

SCHEDULE

PART 2

PROVISIONS OF ACTS OF THE OIREACHTAS

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sections 15 to 17 of the Redundancy Payments Act 1971 (No. 20 of 1971)

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Editorial Notes:

E10

Previous affecting provision: functions under section transferred and references to Minister for Enterprise, Trade and Innovation construed as Minister for Social Protection (1.01.2011) by Redundancy and Insolvency Payments (Transfer of Departmental Administration and Ministerial Functions) Order 2010 (S.I. No. 189 of 2010), arts. 2, 3(1)(c), (2), in effect as per art. 1(2), subject to transitional provisions in arts. 4-8; superseded as per C-note above .

E11

Previous affecting provision: amount referred to in subss. (1) and (2) substituted (6.04.1979) by Redundancy Payments Act 1979 (7/1979), s. 18, S.I. No. 95 of 1971; subsequently substituted as per F-note above.