§ 50 — Misuse of payouts

50.—(1) A person who receives any benefits under the CSHL Scheme or ESH Scheme on behalf of an insured person must first apply the benefits for the care of the insured person.(2) A person who, without reasonable excuse, contravenes subsection (1) 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 $10,000 or to imprisonment for a term not exceeding 2 years or to both; and

(ii)

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

(b)

in any other case —(i)

to a fine not exceeding $20,000; and

(ii)

in addition, to a penalty equal to 8 times the relevant amount.

(3) Where a person has been convicted by a court under subsection (2), the court may order that person to make payment into the Fund of any moneys paid out to the person under the CSHL Scheme or ESH Scheme for the care of the insured person, including interest on those moneys at such rate as may be prescribed.

(4) In this section, “relevant amount” means the amount of the benefits received by the person mentioned in subsection (1) which was not applied for the care of the insured person.

—(1) A person who receives any benefits under the CSHL Scheme or ESH Scheme on behalf of an insured person must first apply the benefits for the care of the insured person.

(2) A person who, without reasonable excuse, contravenes subsection (1) 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 $10,000 or to imprisonment for a term not exceeding 2 years or to both; and

(ii)

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

(b)

in any other case —(i)

to a fine not exceeding $20,000; and

(ii)

in addition, to a penalty equal to 8 times the relevant amount.

(3) Where a person has been convicted by a court under subsection (2), the court may order that person to make payment into the Fund of any moneys paid out to the person under the CSHL Scheme or ESH Scheme for the care of the insured person, including interest on those moneys at such rate as may be prescribed.

(4) In this section, “relevant amount” means the amount of the benefits received by the person mentioned in subsection (1) which was not applied for the care of the insured person.