Animal Health and Welfare Act 2013

71H

F46[Failure by applicant to cooperate.

71H

71H. (1) This section applies where an applicant or, where applicable, his or her employee, servant or agent

(a)  fails to provide any information or documents required to be submitted with the application,

(b) fails to comply with a requirement under section 71G(1),

(c) fails to comply with section 71G(4), or

(d) provides information to the assessor that is, in a material respect, incomplete, inaccurate or misleading.

(2)  Where a circumstance referred to in paragraph (a), (b), (c) or (d) of subsection (1) applies and, as a result, the assessor is of the opinion that he or she is unable to adequately verify or substantiate any information or document provided by the applicant, he or she, in making a determination, may do one or more of the following:

(a) draw any adverse inferences that he or she considers appropriate;

(b) in determining the amount of compensation payable to the applicant in respect of the income loss, non-income loss or cost to which the failure to provide the required information, documentation or cooperation, or the incomplete, inaccurate or misleading information provided, relates—

(i) determine that the applicant is not entitled to compensation, or

(ii) have regard to the failure or to the fact that the information is incomplete, inaccurate or misleading, as the case may be.]

Annotations

Amendments:

F46

Inserted (9.12.2022) by Animal Health and Welfare and Forestry (Miscellaneous Provisions) Act 2022 (4/2022), s. 7, S.I. No. 640 of 2022.