§ 48 — False or incorrect health declaration, means declaration, claim or application

48.—(1) A person commits an offence if the person —(a)

makes, or assists in the making of, a health declaration, means declaration, claim or any application under this Act which is false or misleading in a material particular, knowing that the declaration, claim or application is false or misleading in a material particular;

(b)

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

(c)

provides any information to any person which is false or misleading in a material particular, knowing that the information provided —(i)

is false or misleading in a material particular; and

(ii)

may be included in a health declaration, means declaration or claim made under the CSHL Scheme, or ESH Scheme, or an application under this Act, or may affect any payment of a premium subsidy for the purposes of the CSHL Scheme.

(2) A person who is guilty of an offence under subsection (1) shall be liable on conviction —(a)

in the 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 or any benefit or claim to be overpaid under the CSHL Scheme or ESH Scheme, shall be guilty of an offence and shall be liable on conviction —(a)

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

—(1) A person commits an offence if the person —(a)

makes, or assists in the making of, a health declaration, means declaration, claim or any application under this Act which is false or misleading in a material particular, knowing that the declaration, claim or application is false or misleading in a material particular;

(b)

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

(c)

provides any information to any person which is false or misleading in a material particular, knowing that the information provided —(i)

is false or misleading in a material particular; and

(ii)

may be included in a health declaration, means declaration or claim made under the CSHL Scheme, or ESH Scheme, or an application under this Act, or may affect any payment of a premium subsidy for the purposes of the CSHL Scheme.

(2) A person who is guilty of an offence under subsection (1) shall be liable on conviction —(a)

in the 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 or any benefit or claim to be overpaid under the CSHL Scheme or ESH Scheme, shall be guilty of an offence and shall be liable on conviction —(a)

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