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Social Security Administration (Fraud) Act 1997

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13 Offence of dishonest representation for obtaining benefit.E+W+S

After section 111 of the M1Social Security Administration Act 1992 insert—

111A Dishonest representations for obtaining benefit etc.

(1)If a person dishonestly—

(a)makes a false statement or representation;

(b)produces or furnishes, or causes or allows to be produced or furnished, any document or information which is false in a material particular;

(c)fails to notify a change of circumstances which regulations under this Act require him to notify; or

(d)causes or allows another person to fail to notify a change of circumstances which such regulations require the other person to notify,

with a view to obtaining any benefit or other payment or advantage under the social security legislation (whether for himself or for some other person), he shall be guilty of an offence.

(2)In this section “the social security legislation” means the Acts to which section 110 above applies and the M2Jobseekers Act 1995.

(3)A person guilty of an offence under this section shall be liable—

(a)on summary conviction, to imprisonment for a term not exceeding six months, or to a fine not exceeding the statutory maximum, or to both; or

(b)on conviction on indictment, to imprisonment for a term not exceeding seven years, or to a fine, or to both.

(4)In the application of this section to Scotland, in subsection (1) for “dishonestly” substitute “knowingly”.

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