Written answers

Wednesday, 9 April 2008

Department of Social and Family Affairs

Social Welfare Fraud

9:00 pm

Photo of Róisín ShortallRóisín Shortall (Dublin North West, Labour)
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Question 152: To ask the Minister for Social and Family Affairs the sanctions open to his Department where an employer falsely certifies a person as his or her employee for the purposes of allowing the employee claim child benefit; and the statutory basis of these sanctions. [13440/08]

Photo of Martin CullenMartin Cullen (Waterford, Fianna Fail)
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The sanctions which are open to the Department in the situation outlined by the Deputy are set out in legislation as follows.

Section 251 (1) of the Social Welfare Consolidation Act 2005 (the Act) provides that any person for the purpose of obtaining or establishing entitlement to payment of any benefit for himself or any other person, knowingly makes any statement which is to his knowledge false or misleading or conceals any material fact or who produces or furnishes any document or information which he knows to be false, is guilty of an offence.

Section 251 (2) of the Act makes it an offence for an employer or his agent to aid or abet or procure an employee to commit an offence under subsection (1) above. Section 257 of the Act provides for the penalties that can apply if a person is found guilty of an offence under the act. On summary conviction, a fine of up to €1500 and/or 6 months imprisonment; or on conviction on indictment, a fine of up to €13,000 and/or imprisonment for up to 3 years.

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