Róisín Shortall (Dublin North West, Labour)
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Question 408: To ask the Minister for Social Protection the penalties applicable to a landlord who charges a rent supplement tenant a top-up; and the specific statutory provision for these penalties. [25296/10]

Éamon Ó Cuív (Galway West, Fianna Fail)
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Where a landlord charges a rent to a tenant in excess of that declared by him/her on the rent supplement application form, the matter should be reported to the relevant Community Welfare Officer who will deal with the individual case. The existing legislative provisions relating to the making of false statements for the purpose of obtaining payments from the Department and the relevant penalties are as set out below.

Section 251 (1) Social Welfare Consolidation Act 2005 states that where a person for the purpose of obtaining or establishing entitlement to payment of any benefit for himself or herself or for any other person, is guilty of an offence where the person-

(i) knowingly makes any statement or representation (whether written or verbal) which is to his or her knowledge false or misleading in any material respect, or knowingly conceals any material fact, or

(ii) produces or furnishes, or causes or knowingly allows to be produced or furnished, any document or information which he or she knows to be false in a material particular,

Section 257 of the Social Welfare Consolidation Act states that a person who is found guilty of an offence under the Act is liable –

(a) on summary conviction, to a fine not exceeding €1,500 or imprisonment for a term not exceeding 6 months, or to both, or

(b) on conviction of an indictment, to a fine not exceeding €13,000 or imprisonment for a term not exceeding 3 years, or to both.