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In forceAmended2020 Revised Edition

Part 4 · Offences

19. False or incorrect health declaration, means declaration or claim application

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Amended

Last amended by an amending law of 2024.

(1)

A person commits an offence if the person —

(a)

makes a health declaration, means declaration or claim application under the Scheme which is false or misleading in a material particular, knowing that the declaration or application is false or misleading in a material particular;

(b)

omits any matter or thing without which the health declaration, means declaration or claim application (as the case may be) is misleading in a material particular, knowing that the omission makes the declaration or application misleading; or

(c)

provides any information to any person which is false or misleading in a material particular, knowing that —

(i)

the information provided is false or misleading in a material particular; and

(ii)

the information provided may —

(A)

be included in a health declaration, means declaration or claim application made under the Scheme;

(B)

affect the amount of any benefit or claim to be paid under the Scheme or whether any such benefit or claim is payable; or

(C)

affect the amount of any grant, subsidy or benefit to be paid or given under a relevant public scheme or whether any such grant, subsidy or benefit is payable or may be given.

(2)

A person shall be liable on conviction of an offence under subsection (1) —

(a)

in any case where the person is an individual, to a penalty equal to the relevant amount; or

(b)

in any other case, to a penalty equal to 5 times the relevant amount.

(3)

A person who commits an offence under subsection (1), with the intention of causing any premium to be undercharged, any benefit or claim to be overpaid under the Scheme or a higher amount of any grant, subsidy or benefit to be given under a relevant public scheme, shall be guilty of an offence under this subsection and shall be liable on conviction of the offence under this subsection —

(a)

in any case where the person is an individual —

(i)

to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both; and

(ii)

in addition, to a penalty equal to 2 times the relevant amount; or

(b)

in any other case —

(i)

to a fine not exceeding $10,000; and

(ii)

in addition, to a penalty equal to 4 times the relevant amount.

(4)

In this section, “relevant amount” means —

(a)

the amount by which any premium has been undercharged as a result of the offence, or that would have been so undercharged if the false or misleading declaration, application or information (as the case may be) had been accepted as correct;

(b)

the amount of any benefit or claim under the Scheme that has been overpaid as a result of the offence, or that would have been so overpaid if the false or misleading declaration, application or information (as the case may be) had been accepted as correct; or

(c)

the amount of any grant, subsidy or benefit under a relevant public scheme that has been wrongly given as a result of the offence, or that would have been so wrongly given if the false or misleading information had been accepted as correct.

Report

Part 5

Disclosure of Information

Part 6

Miscellaneous