Social Welfare Consolidation Act 2005 section 256

Application of Probation of Offenders Act 1907

Section 256 prevents a court from granting probation to an employer charged with failing to pay employment contributions, or to a person charged with wrongly receiving a benefit, until all arrears or overpayments have been repaid.

• Where an employer is charged with an offence relating to non-payment of employment contributions for an employed contributor, or a person is charged with an offence relating to wrongly receiving a social welfare benefit, the court may consider applying the Probation of Offenders Act 1907.
• Before making a probation order under section 1(1) of that 1907 Act, the court must first be satisfied that all outstanding matters have been resolved financially.
• In the case of an employer, this means all arrears of employment contributions must have been paid in full before probation can be granted.
• In the case of a person who wrongly received a benefit, any amounts due to be repaid must have been returned before the court can proceed with a probation order.