Social Welfare Consolidation Act 2005 section 258

Failure to keep records

Section 258 deals with the consequences for employers and engagers who fail to keep proper records or make required notifications, resulting in social welfare benefit overpayments.

• Where an employer or other engager fails to keep records or make notifications required under the Social Welfare Acts, and a worker consequently receives benefit they were not entitled to, the employer or engager must repay the Minister up to the amount of the overpaid benefit.
• It is presumed, unless the employer proves otherwise, that any such overpayment was caused by the employer's or engager's failure to comply with the record-keeping or notification requirements.
• Where there is a material discrepancy between documents issued to the worker and those provided to the Minister or the Collector-General, and a benefit overpayment results, the employer or engager is similarly liable to repay the Minister.
• The definition of "employee or contracted person" extends to their spouse, civil partner, and household members whose benefit entitlement depends on the worker's income, and in all cases the total amount recovered by the Minister cannot exceed the actual overpayment.