Social Welfare Consolidation Act 2005

274A

F1588[Evidence in proceedings in relation to proving unemployment by electronic communication.

274A.(1) Where a person is required, for the purposes of section 62, F1589[68C, 68KB or 141], to prove unemployment and make a declaration for that purpose and the person has proved unemployment and made a declaration in the prescribed manner, by means of an electronic communication

(a) a certificate signed by an officer of the Minister, authorised by the Minister in that behalf, stating

(i) that he or she has examined the record relating to the proving of unemployment and the making of a declaration for that purpose by the person by means of the electronic communication in the prescribed manner,

(ii) that a record of that electronic communication has been made, and

(iii) the date on which that electronic communication was made,

shall be admissible in evidence in any proceedings (whether civil or criminal) before a court and shall be evidence of those facts unless the contrary is proved in any such proceedings, and

(b) it shall be presumed, unless the contrary is proved in any such proceedings, that

(i) a declaration that purports to have been made by a person by means of an electronic communication, was made by that person,

(ii) a declaration which purports to have been made by a person by means of an electronic communication in respect of a particular period, was made in respect of that period,

(iii) any equipment used to make the electronic communication operated effectively, and

(iv) the method of electronic communication used for the purpose of making a declaration operated effectively.

(2) Any declaration made by means of an electronic communication in accordance with this Act shall be deemed to be a declaration made in the prescribed manner under section 62, F1589[68C, 68KB or 141].

(3) Any declaration made by means of an electronic communication in accordance with this Act shall be deemed to be a statement or representation for the purposes of section 251.

(4) A document purporting to be a certificate referred to in subsection (1)(a) shall be deemed to be such a certificate and to have been signed by the person purporting to have signed it and to have been signed in accordance with an authorisation referred to in subsection (1)(a) unless the contrary is proved.]

Annotations

Amendments:

F1588

Inserted (7.06.2012) by Social Welfare and Pensions Act 2010 (37/2010), s. 4(e), S.I. No. 197 of 2012.

F1589

Substituted (31.03.2025) by Social Welfare (Miscellaneous Provisions) Act 2024 (24/2024), s. 14 and sch. ref. 22, S.I. No. 499 of 2024.

Editorial Notes:

E1809

Previous affecting provision: subs. (1) and (2) amended (1.11.2019) by Social Welfare Act 2019 (34/2019), s. 6 and sch. item 20, S.I. No. 550 of 2019; substituted (31.03.2025) as per F-Note above.