Social Welfare Consolidation Act 2005
Penalties.
[1993 s218; 2005 (SW&P) s26 & Sch 4]
257.—Except where otherwise provided for, a person guilty of an offence under this Act is liable—
(a) on summary conviction, to a fine not exceeding €1,500 or imprisonment for a term not exceeding 6 months, or to both, or
(b) on conviction on indictment, to a fine not exceeding €13,000 or imprisonment for a term not exceeding 3 years, or to both.
Annotations
Modifications (not altering text):
C106
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 257 of the Act of 2005 |
257. (1) A person guilty of an offence under section 212 of the Act of 1993 or 251 of the Act of 2005 (as applied and modified by these regulations) shall be liable— (a) on summary conviction, to a fine not exceeding €1,500 or imprisonment for a term not exceeding 6 months, or to both, or (b) on conviction on indictment, to a fine not exceeding €13,000 or imprisonment for a term not exceeding 3 years, or to both. (2) A person convicted of an offence under subsection (1) in relation to an allowance shall be disqualified for receipt of such allowance for a period of 3 months immediately following the date of the conviction. (3) This section shall apply with the necessary modifications in the case of a person to whom an allowance is paid under Regulations made under section 23 of the Act of 1982 or for the benefit of any person. |
Editorial Notes:
E1779
A fine of €1,500 translates into a Class C fine, not exceeding €2,500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3 and 6, table ref. no. 1, S.I. No. 662 of 2010.
E1780
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. 257 relate to the same subject-matter as Social Welfare (Consolidation) Act 1993 (27/1993), s. 218. The reference to s. 218 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).}