Social Welfare Consolidation Act 2005

Liability to repay where person convicted of offence.

[1997 s31(a); 2005 (SW&P) s23, 26 & Sch 1, 4]

337

337.—Where a person is convicted of an offence under section 32 of the Larceny Act 1916 or Part 2 of the Criminal Justice (Theft and Fraud Offences) Act 2001, by virtue of having received any benefit, assistance, F1714[child benefit, early childcare supplement] or F1715[working family payment] which he or she was not entitled to receive, that person is liable to pay—

(a) to the Social Insurance Fund, in the case of benefit, F1716[and]

F1717[(b) to the Minister, in the case of assistance, child benefit, F1718[F1715[working family payment], continued payment for qualified children or back to work family dividend]]

(c) F1719[…]

on demand, a sum not exceeding the amount of the benefit, assistance, F1714[child benefit, early childcare supplement] or F1715[working family payment] to which that conviction applies.

Annotations

Amendments:

F1714

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).

F1715

Substituted (1.01.2018) by Social Welfare Act 2017 (38/2017), s. 8(1) and sch. 1, commenced as per subs. (3).

F1716

Inserted (1.10.2011) by Social Welfare and Pensions Act 2008 (2/2008), s.18(2) and sch. 1, S.I. No. 496 of 2011.

F1717

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.

F1718

Substituted (6.05.2015) by Social Welfare (Miscellaneous Provisions) Act 2015 (12/2015), s. 14 and sch. item no. 14, commenced on enactment.

F1719

Deleted (1.10.2011) by Social Welfare and Pensions Act 2008 (2/2008), s.18(2) and sch. 1, S.I. No. 496 of 2011.

Editorial Notes:

E2026

Section sought to be amended (6.05.2015) by Social Welfare (Miscellaneous Provisions) Act 2015 (12/2015), s. 14 and sch. item no. 14, commenced on enactment., by the substitution of “child benefit, family income supplement, continued payment for qualified children or back to work family dividend” for “child benefit or family income supplement” in each place that it occurs. However, this latter phrase did not form part of the section, as per the E-Note below.

E2027

Section sought to be amended (20.07.2010) by Social Welfare (Miscellaneous Provisions) Act 2010 (28/2010), s. 24(5) and sch., commenced on enactment, by the substitution of “child benefit or family income supplement,” for “child benefit, early childcare supplement or family income supplement, ”. However this latter phrase, with the comma following "family income supplement" did not form part of the section.

E2028

Previous affecting provision: section amended 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.

E2029

Previous affecting provision: section amended (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); partly deleted (21.07.2010) as per F-Note above.