Social Welfare Act, 1952

General provisions as to offences.

52.—(1) If any person—

(a) buys, sells or offers for sale, takes or gives in exchange, or pawns or takes in pawn any insurance card or any used insurance stamp, or

(b) affixes any used insurance stamp to any insurance card, or

(c) for the purpose of obtaining any benefit or other payment under this Act, whether for himself or some other person, or for any purpose connected with this Act—

(i) knowingly makes any false statement or false representation 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 knows to be false in a material particular,

he shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds or, at the discretion of the Court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment.

(2) Where a person aids, abets, counsels, or procures an employee of his to commit any offence referred to in paragraph (c) of subsection (1) of this section, or conspires with the employee for the commission by the employee of any such offence, such person shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds or, at the discretion of the Court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment.

(3) If any employer fails to pay any employment contribution which he is liable under this Act to pay or deducts or attempts to deduct the whole or any part of any employer's contribution in respect of a person from that person's remuneration, such employer shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

(4) Regulations may provide for offences consisting of contraventions of or failures to comply with regulations and for the recovery on summary conviction of such offences of fines not exceeding specified amounts not exceeding ten pounds, together with, in the case of continuing offences, further such fines in respect of each of the days on which the offences are continued.

(5) In any proceedings under subsection (1) of this section with respect to used insurance stamps, an insurance stamp shall be deemed to have been used if it has been affixed to an insurance card or cancelled or defaced in any way whatsoever and whether it has actually been used for the purpose of payment of a contribution or not.

(6) Nothing in this section or in any regulations pursuant thereto shall be construed as preventing the Minister from recovering by means of civil proceedings any sums due to the Fund.