Hi all
I have been advised that new regulations were put in place relating
to the Social Security Adnministration Act 1997 which could have
serious implications to professionals and volunteers providing advice
to clients on state benefits:
The act came into force on 1st July 1997 and two sections are
relevant:
Section 13 states " If a person dishonestly . . . produces
or furnishes or causes or allows another person to fail to notify a
change of circumstance which . . . regulations require the other
person to notify . . . with a view to obtaining benefit . . . s/he
shall be guilty of an offence.
Two elements must be satisfied
* that the person must have acted dishonestly
* that the person must have intended to obtain benefit as a result
of this dishonesty.
Not: breach of this Section carries with it criminal sanctions
Section 14 of the Act extends the offence of false representation for
obtaining benefit and states " If a person fails to notify . . .
or knowingly causes or knowingly allows another person to fail to
notify a change of circumstances , which such regulations require the
other person to notify . . . s/he shall be guilty of an offence.
Under Section 14 there is a lower burden of proof that that of
Section 13, A person is guilty of an offence under this Section
if s/he has no reasonable excuse. It is not necessary to show that
s/he had any dishonest intent. However the precise meaning of the
word 'allows' has not been defined and for the purposes of the Act
nor what constitutes a 'reasonable excuse'.
The new regulations offer considerable concern to those of us who
who are bound by confidentiality and also our colleagues who advise
on benefits under a range of circumstances, I have therefore
recommended that our Legal Officer be consulted at an early stage
regarding the effects these regulations will have on those who are
working in this area.
Gillian Malins
Student Adviser (Disabilities)
University of Luton
Park Square
Luton
Beds LU1 3JU
01582 489349
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