Social Welfare Consolidation Act 2005
False statements and offences, including offences relating to bodies corporate.
[1993 s213(1)]
251.—(1) Where, for the purpose of—
(a) obtaining or establishing entitlement to payment of any benefit for himself or herself or for any other person, or
(b) obtaining or establishing entitlement to payment of any benefit for himself or herself or for any other person which is in excess of that to which he or she was entitled, or
(c) avoiding the making by himself or herself or any other person of any repayment under this Act,
or for any other purpose connected with this Act, any person—
(i) knowingly makes any statement or representation (whether written or verbal) which is to his or her knowledge false or misleading in any material respect, or knowingly conceals any material fact, or
(ii) produces or furnishes, or causes or knowingly allows to be produced or furnished, any document or information which he or she knows to be false in a material particular,
he or she is guilty of an offence.
[1993 s213(2)]
(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) is guilty of an offence.
[1993 s213(3)]
(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 3 months immediately following the date of the conviction.
[1993 s213(4)]
(4) Where a person is convicted of an offence under subsection (1) or (2) and by reason of that offence any benefit (other than F1526[child benefit F1527[…]]) was received by the person’s employee which he or she was not entitled to receive, that person shall be liable to pay to the Minister on demand a sum not exceeding the amount of that benefit which by reason of that offence was paid to that employee while in his or her 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.
[1993 s213(5)]
(5) Notwithstanding subsection (4) or any other provisions of this Act under which amounts of benefit (other than F1526[child benefit F1527[…]]) 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 or she was not entitled to receive.
[1993 s213(6)]
(6) Regulations under this Act may provide for offences consisting of contraventions of or failures to comply with those regulations and, where those offences are provided for, a person guilty of any such offence is liable on summary conviction to the penalties provided for in section 257(a).
[1993 s213(7)]
(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, is guilty of an offence and is liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.
[1993 s213(8)]
(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 or her knowledge and that the person exercised all such diligence to prevent the commission of the offence as he or she ought to have exercised, having regard to the nature of his or her position as director, manager, secretary or other officer and to all the circumstances.
[1993 s213(9)]
(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—
(a) by leaving it at or sending it by post to the registered office of the body corporate,
(b) by leaving it at or sending it by post to any place in the State at which the body corporate conducts business, or
(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.
[1993 s213(10)]
(10) Where a person is in receipt of assistance or has made a claim for assistance which has not been finally determined, and his or her means have increased since the date of latest investigation of those means, or, where no such investigation has taken place, since the date of making the claim, the person shall, within the period that may be prescribed, give or cause to be given to the Minister written notification of the increase.
[1993 s213(11)]
(11) A person who fails or neglects to comply with subsection (10) is guilty of an offence.
Annotations
Amendments:
F1526
Substituted (1.04.2006) by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 29(1) and sch. 6, commenced as per s. 29(4).
F1527
Deleted (21.07.2010) by Social Welfare (Miscellaneous Provisions) Act 2010 (28/2010), s. 24(5) and sch., commenced on enactment.
Modifications (not altering text):
C105
Application of section extended and modified (12.11.2012) by Social Welfare (Rent Allowance) Regulations 1998 (S.I. No. 188 of 1998), art. 21 and sch. B as inserted by Social Welfare (Rent Allowance) (Amendment) (Miscellaneous Amendments) Regulations 2012 (S.I. No. 448 of 2012), arts. 8(a) and 8(c).
Application of the Act of 2005.
21. The provisions of the Act of 2005 mentioned in column (1) of Schedule B shall apply to an allowance and in such application shall be modified so that the said provisions shall read as set out in column (2) of the said Schedule.
...
SCHEDULE B
Section 21
|
Section of Act to be applied |
Modification |
|
(1) |
(2) |
|
Section 251 of the Act of 2005 |
251. (1) Where, for the purpose of— (a) obtaining or establishing entitlement to payment of any allowance for himself or herself or for any other person, or (b) obtaining or establishing entitlement to payment of any allowance for himself or herself or for any other person which is in excess of that which he or she was entitled to, or (c) avoiding the making by himself or herself or any other person of any repayment under these Regulations, or for any other purpose connected with an allowance, any person— (i) knowingly makes any statement or representation (whether written or verbal) which is to his or her knowledge false or misleading in any material respect, or knowingly conceals any material fact, or (ii) produces or furnishes, or causes or knowingly allows to be produced or furnished, any document or information which he or she knows to be false in a material particular, he or she shall be guilty of an offence. |
|
Section 251 of the Act of 2005 |
(6) Regulations made under section 23 of the Act of 1982 may provide for offences consisting of contraventions of or failures to comply with those regulations and, where those offences are provided for, a person guilty of any such offence is liable on summary conviction to the penalties provided for in section 257(1)(a) of the Act of 2005. |
Editorial Notes:
E1755
Power pursuant to subs. (6) exercised (9.09.2025) by Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 6) (Persons Unable to Manage Financial Affairs and Bereaved Partner’s Pension) Regulations 2025 (S.I. No. 424 of 2025), art. 3(c), which amended Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 209.
E1756
Offences under section designated (25.05.2018) as "serious crime" for the purposes of European Union (Passenger Name Record Data) Regulations 2018 (S.I. No. 177 of 2018) by art. 2(1) and sch. 2 para 7 thereof, in effect as per art. 1(2).
E1757
Power pursuant to subs. (6) exercised (10.12.2012) by Social Welfare (Consolidated Contributions and Insurability) (Amendment) (No. 2) (Miscellaneous Amendments) Regulations 2012 (S.I. No. 509 of 2012), art. 5, which substituted Social Welfare (Consolidated Contributions and Insurability) Regulations 1996 (S.I. No. 312 of 1996), art. 55.
E1758
Power pursuant to subs. (6) exercised (17.09.2009) by Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 6) (Nominated Persons) Regulations 2009 (S.I. No. 378 of 2009), art. 2(d), which substituted Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 209.
E1759
Power pursuant to subs. (6) exercised (2.07.2007) by Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 2007 (S.I. No. 412 of 2007), art. 32, in effect as per art. 2.
E1760
Power pursuant to subs. (10) exercised (2.07.2007) by Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 2007 (S.I. No. 412 of 2007), art. 23(2), in effect as per art. 2.
E1761
Power pursuant to subs. (10) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 190(2), in effect as per art. 2.
E1762
Previous affecting provision: power pursuant to subs. (6) exercised (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 209, in effect as per art. 2; substituted (17.09.2009) as per E-Note above.
E1763
Previous affecting provision: power pursuant to statutory precursor of subs. (6) exercised (1.11.1996) by Social Welfare (Consolidated Contributions and Insurability) Regulations 1996 (S.I. No. 312 of 1996), art. 55(a), in effect as per art. 2; continued in force (1.12.2005) by s. 362(2) as if made under this Act; substituted (10.12.2012) as per E-Note above.
E1764
Previous affecting provision: power pursuant to statutory precursor of subs. (6) exercised (1.01.1996) by Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 1995 (S.I. No. 382 of 1995), art. 30, in effect as per art. 2; continued in force (1.12.2005) by s. 362(2) as if made under this Act; revoked (2.07.2007) by Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 2007 (S.I. No. 412 of 2007), art. 5 and sch. 4, in effect as per art. 2.
E1765
Previous affecting provision: power pursuant to statutory precursor of subs. (6) exercised (2.01.1995) by Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 122, in effect as per art. 2; continued in force (1.12.2005) by s. 362(2) as if made under this Act; revoked (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 5 and sch. 17, in effect as per art. 2.
E1766
Previous affecting provision: power pursuant to statutory precursor of subs. (10) exercised (1.01.1996) by Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 1995 (S.I. No. 382 of 1995), art. 23(2), in effect as per art. 2; continued in force (1.12.2005) by s. 362(2) as if made under this Act; revoked (2.07.2007) by Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 2007 (S.I. No. 412 of 2007), art. 5 and sch. 4, in effect as per art. 2.
E1767
Previous affecting provision: power pursuant to statutory precursor of subs. (10) exercised (2.01.1995) by Social Welfare (Consolidated Payments Provisions) Regulations 1994 (S.I. No. 417 of 1994), art. 107(2), in effect as per art. 2; continued in force (1.12.2005) by s. 362(2) as if made under this Act; revoked (29.03.2007) by Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), art. 5 and sch. 17, in effect as per art. 2.
E1768
Previous affecting provision: application of section extended and modified (4.06.1998) by Social Welfare (Rent Allowance) Regulations 1998 (S.I. No. 188 of 1998), art. 20 and sch. A, in effect as per art. 2. {Note for the purposes of Interpretation Act 2005 (23/2005), s. 26(2) the provisions of Social Welfare Consolidation Act 2005 (26/2005), s. 251 relate to the same subject-matter as Social Welfare (Consolidation) Act 1993 (27/1993), s. 213. The reference to s. 213 in said sch. A was revoked (12.11.2012) by Social Welfare (Rent Allowance) (Amendment) (Miscellaneous Amendments) Regulations 2012 (S.I. No. 448 of 2012), art. 8(b).}
E1769
Previous affecting provision: power pursuant to statutory precursor of subs. (6) exercised (5.01.1953) by Social Welfare (Claims and Payments) Regulations 1952 (S.I. No. 374 of 1952), art. 19, in effect as per art. 2; continued in force (1.12.2005) by s. 362(2) as if made under this Act; revoked (12.03.2007) by Social Welfare (Consolidated Occupational Injuries) Regulations 2007 (S.I. No. 102 of 2007), art. 5 and sch. 6, in effect as per art. 2.