§ 49 — Fraudulent disability assessment

49.—(1) An assessor in making a report of a disability assessment that he or she conducted in respect of an individual under this Act must not give any information which is false, or conceal any information, with the intent of causing —(a)

the individual to be given or not to be given insurance cover under the CSHL Scheme or ESH Scheme; or

(b)

a claim made by or on behalf of the individual to be accepted or rejected under the CSHL Scheme or ESH Scheme.

(2) An assessor who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction —(a)

to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both; and

(b)

in addition, to a penalty equal to 4 times the relevant amount (if applicable).

(3) In this section, “relevant amount” means the amount of overpayment and the amount of assessment fee charged for the assessment.

—(1) An assessor in making a report of a disability assessment that he or she conducted in respect of an individual under this Act must not give any information which is false, or conceal any information, with the intent of causing —(a)

the individual to be given or not to be given insurance cover under the CSHL Scheme or ESH Scheme; or

(b)

a claim made by or on behalf of the individual to be accepted or rejected under the CSHL Scheme or ESH Scheme.

(2) An assessor who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction —(a)

to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both; and

(b)

in addition, to a penalty equal to 4 times the relevant amount (if applicable).

(3) In this section, “relevant amount” means the amount of overpayment and the amount of assessment fee charged for the assessment.