Offences, penalties and overpayments

13 Offence of dishonest representation for obtaining benefit.

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”.