Social Welfare Consolidation Act 2005 section 278

Return of documents on demand

Section 278 requires any person holding a social welfare document that has been declared void due to an illegal transfer to surrender it on demand, and creates an offence for failure to do so.

• Where a social welfare document is declared void because of an illegal transfer (alienation), anyone in possession of it must hand it over immediately when asked by a social welfare inspector.
• If no demand is made by an inspector, the person must instead surrender the document to its rightful owner or the owner's authorised agent on request.
• Failing to hand over the document when lawfully demanded is a criminal offence.
• On conviction, the court may make whatever order it considers appropriate to ensure the document is delivered to its rightful owner or, where suitable, to a social welfare inspector.