Social Welfare Consolidation Act 2005
Provisions relating to prosecutions.
[1993 s224(1); 2005 (SW&P) s23 & Sch 1]
272.—F1586[(1) A prosecution for a summary offence may be brought at the suit of—
(a) the Minister, or
(b) the Collector-General in any case arising out of the exercise of his or her functions under this Act.]
[1993 s224(2); 1999 s28(1)]
(2) An officer of the Minister shall not institute any summary proceedings for an offence under this Act at the suit of the Minister unless the officer is authorised in that behalf by special or general directions of the Minister or the Minister has consented to the initiation of those proceedings.
[1993 s224(3); 2005 (SW&P) s17]
(3) Notwithstanding subsection (1) or any provision in any enactment specifying the period within which proceedings may be commenced, a prosecution for a summary offence under this Act may be brought at any time within whichever of the following periods later expires—
(a) 2 years commencing on the date on which the offence was committed, or
(b) 18 months commencing on the date on which evidence sufficient to justify the institution of the prosecution came into the possession of the Minister.
[1993 s224(4)]
(4) For the purposes of subsection (3), a certificate, sealed with the official seal of the Minister, as to the date on which the evidence referred to in that subsection came into his or her possession shall be sufficient evidence thereof until the contrary is shown.
[1993 s224(5)]
(5) Where in a prosecution for an offence under this Act it is shown to the satisfaction of the court—
(a) that an application has been made by a person (in this section referred to as “the defendant”) for any benefit, and
(b) that as a result of that application any such benefit has been paid to any person (whether or not the benefit was that applied for and whether or not it was paid to the defendant),
the defendant shall be presumed to have given any information contained in the application (or to have caused it to be given on his or her behalf) and, where the information is false, with full knowledge of its falsity and with intent that it should deceive; but this presumption may be rebutted.
[1993 s224(6)]
(6) (a) For the purpose of the institution of proceedings under this Act a certificate, purporting to be given by an officer of the Minister authorised in that behalf by the Minister and to be signed by that officer, certifying the facts set out in paragraph (b), shall be sufficient evidence in any legal proceedings of the matters certified in the certificate, until the contrary is shown.
(b) The facts referred to in paragraph (a) are that a person is an officer of the Minister and that he or she has been authorised under a special or general direction of the Minister to institute the proceedings, or that the Minister has consented to the institution of those proceedings.
[1993 s224(7); 2001 s25(1)]
(7) (a) In proceedings instituted by virtue of section 17, a certificate purporting to be signed by an officer of the Revenue Commissioners which certifies that a stated amount is due and payable by the defendant shall be evidence until the contrary is proved that that amount is due and payable, and when tendered in evidence is deemed until the contrary is proved to have been signed by that officer.
[1993 s224(7)]
(b) For the purposes of this subsection, the rules of the court concerned for the time being applicable to civil proceedings applies to proceedings by virtue of section 17.
Annotations
Amendments:
F1586
Substituted (1.10.2011) by Social Welfare and Pensions Act 2008 (2/2008), s. 18(2) and sch. 1, S.I. No. 496 of 2011.
Modifications (not altering text):
C123
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. 272 relate to the same subject-matter as Social Welfare (Consolidation) Act 1993 (27/1993), s. 224.}
Application of the Act of 1993
20. The provisions of the enactments mentioned in column (1) of Schedule A hereto 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 A
Article 19
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Section of Act of 1993 to be applied |
Modification |
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(1) |
(2) |
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Section 224 |
224. (1) Proceedings for an offence under this Act as applied under section 23 of the Act of 1982, shall not be instituted except by or with the consent of the Minister or by an officer authorised in that behalf by special or general directions of the Minister. (2) A prosecution for a summary offence under this Act, as applied under section 23 of the Act of 1982, may be brought at the suit of the Minister. (3) Notwithstanding the provisions of subsection (1) of this section or any provision in any enactment specifying the period within which proceedings may be commenced, a prosecution for a summary offence under this Act, as applied under section 23 of the Act of 1982, may be brought at any time within whichever of the following periods later expires— (a) the period of six months commencing on the date on which evidence sufficient to justify the institution of that prosecution came into the possession of the Minister, or (b) the period of two years commencing on the date on which the offence was committed. (4) For the purposes of subsection (3) a certificate sealed with the official seal of the Minister, as to the date on which such evidence as aforesaid came into his possession shall be sufficient evidence thereof until the contrary is shown. (5) Where in a prosecution for an offence under this Act, as applied under section 23 of the Act of 1982, it is shown to the satisfaction of the court— (a) that an application has been made by a person (in this section referred to as the defendant) for an allowance, and (b) that as a result of that application an allowance has been paid to any person (whether or not such allowance was that applied for and whether or not it was paid to the defendant), the defendant shall be presumed to have given any information contained in the application (or to have caused it to be given on his behalf) and, where such information is false, with full knowledge of such falsity and with intent that it should deceive ; but this presumption may be rebutted. (6) For the purpose of the institution of proceedings under regulations made under section 23 of the Act of 1982, a certificate, purporting to be given by an officer of the Minister authorised in that behalf by the Minister and to be signed by that officer, certifying the following facts, namely, that a person is an officer of the Minister and that he has been authorised under a special or general direction of the Minister to institute such proceedings, or that the Minister has consented to the institution of such proceedings, shall be sufficient evidence in any legal proceedings of the matters certified in the certificate, until the contrary is shown. |
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Editorial Notes:
E1808
Previous affecting provision: subs. (1) substituted by Social Welfare and Pensions Act 2007 (8/2007), s. 25(2) and sch. 1, not commenced; repealed (7.03.2008) by Social Welfare and Pensions Act 2008 (2/2008), s. 25(b) and (d), commenced on enactment.