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1 1981

SOCIAL WELFARE (CONSOLIDATION) ACT, 1981

PART VII

Alienation of Books and Documents

Application.

[1932 PB, s. 1; 1952, s. 63; S.I. No. 168 of 1977]

290. —In this Part “a document to which this Part applies” means every book, card, order, voucher or other document issued to any person and upon the delivery or production or in respect of the possession of which by such person on or after a date indicated expressly or by implication in such document and subsequent to the issue of such document any benefit, assistance or a children's allowance under this Act is payable to him.

Prohibition of alienation of documents.

[1932 PB, s. 2]

291. —Every person who buys, takes in exchange or takes in pawn any document to which this Part applies shall be guilty of an offence under this section.

Avoidance of alienation of documents.

[1932 PB, s. 3]

292. —Every alienation or purported alienation of a document to which this Part applies, whether made by way of sale, exchange or hypothecation shall be and be deemed always to have been void and of no effect.

Return of documents on demand.

[1932 PB, s. 4]

293. —(1) Every person who, by virtue of an alienation or purported alienation declared by this Part to be void, has in his possession a document to which this Part applies shall, in the case of any such document issued in respect of any benefit, assistance or a children's allowance payable under this Act, on demand by a social welfare officer forthwith deliver such document to such officer or, where no such demand is made by a social welfare officer, on demand by the owner of such document or his duly authorised agent, forthwith deliver such document to such owner or agent.

(2) Every person who, on a demand being made on him under this section, fails to deliver in accordance with this section a document which he is required by this section so to deliver shall be guilty of an offence under this section.

(3) Where a person is convicted of an offence under this section the court by which he is so convicted may, where the circumstances so require, make such order as the court shall think proper for securing the delivery of the document in respect of which the offence was committed to the owner thereof or, where appropriate, to a social welfare officer.

Punishment for offences.

[1932 PB, s.5; 1976 (No. 2), s.9]

294. —Every person who is guilty of an offence under any section of this Part shall be liable—

(a) on summary conviction, to a fine not exceeding £500 or (at the discretion of the court) to imprisonment for a term not exceeding one year, or to both such fine and such imprisonment, or

(b) on conviction on indictment, to a fine not exceeding £2,000 or (at the discretion of the court) to imprisonment for a term not exceeding two years, or to both such fine and such imprisonment.