Cap. 318 Art. 117Misuse of documents and failure to report changes.

(1) If any person, for the purposes of obtaining any payment under this Act, whether for himself or for some other person, or for any other purpose connected with this Act -

(i) knowingly or recklessly makes any false statement or false representation; 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; or

(iii) fraudulently fails or omits to report to the Director, before receiving any payment, any change of circumstances which has or may have a material bearing on the amount, or mode of giving such payment, shall, on conviction, be liable to a fine (multa) of not less than forty-six euro and fifty-nine cents (46.59) but not exceeding one and a half times the amount of benefit, pension, allowance or assistance unlawfully received or one thousand and one hundred and sixty-four euro and sixty-nine cents (1,164.69), whichever shall be higher, or to imprisonment for a term of not less than three months but not exceeding twelve months or to both such fine and imprisonment.

(2) Where for the purpose of paying a Class Two contribution, at a rate that is lower than that properly due, a self-employed person -

(i) knowingly or recklessly makes any false statement or false representation; 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, shall be liable, on conviction, to a fine (multa) of not less than one thousand and one hundred and sixty-four euro and sixty-nine cents (1,164.69) but not more than two thousand and three hundred and twenty-nine euro and thirty-seven cents (2,329.37).

(3) Where an employer fails to comply with the provisions of the Work Books Order, 1974 insofar as this applies to the engagement or recruitment of employees, and as a result such person unlawfully receives any benefit, pension, allowance or assistance under this Act to which he would otherwise not have been entitled under the provisions of this Act, such employer shall be liable to pay to the Director damages equivalent to the amount so received by such person by way of such benefit, pension, allowance or assistance within one week of a request by the Director for the payment of such damages; and, for the purposes of this sub-article, unless the contrary is proved by the employer to the satisfaction of the Director, the amount so requested by the Director shall constitute a lawful claim on such employer.