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27 1993

SOCIAL WELFARE (CONSOLIDATION) ACT, 1993

CHAPTER 5

Alienation of Books and Documents

Application.

[1981, s. 290; S.I. No. 279 of 1991, A.22]

226.—In this Chapter “a document to which this Chapter 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 is payable to him.

Prohibition of alienation of documents.

[1981, s. 291]

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

Avoidance of alienation of documents.

[1981, s. 292]

228.—Every alienation or purported alienation of a document to which this Chapter 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.

[1981, s. 293(1); 1986, s. 17; 1993, s. 39(3)]

229.—(1) Every person who, by virtue of an alienation or purported alienation declared by this Chapter to be void, has in his possession a document to which this Chapter applies shall, in the case of any such document issued in respect of any benefit, on demand by a social welfare inspector forthwith deliver such document to such inspector or, where no such demand is made by a social welfare inspector, on demand by the owner of such document or his duly authorised agent, forthwith deliver such document to such owner or agent.

[1981, s. 293(2); 1993, s. 28(5)]

(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.

[1981, s. 293(3); 1993, s. 39(3)]

(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 inspector.