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Penalty for false statements.
[1944 CA, s. 12; 1946 CA, s. 12; 1976 (No. 2), ss. 9, 10, 11]
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231.—(1) Every person—
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(a) who, for the purpose of obtaining or continuing a children's allowance, either for himself or for any other person, or for the purpose of obtaining or continuing a children's allowance for himself or for any other person at a rate higher than that appropriate to the case, knowingly makes any statement or representation (whether written or verbal) which is to his knowledge false or misleading in any material respect or knowingly conceals any material fact, or
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(b) who knowingly obtains payment of, or continues to receive, a children's allowance to which he is not entitled, or
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(c) who knowingly obtains or receives any payment on account of a children's allowance which for any reason whatsoever is not payable to him,
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shall be guilty of an offence under this section and shall be liable—
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(i) on summary conviction, to a fine not exceeding £500 or (at the discretion of the court) to imprisonment for a term not exceeding one year, or to both such fine and such imprisonment, or
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(ii) on conviction on indictment, to a fine not exceeding £2,000 or (at the discretion of the court) to imprisonment for a term not exceeding two years, or to both such fine and such imprisonment.
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(2) A person convicted of an offence under subsection (1) shall be disqualified for the receipt of the children's allowance in respect of which the offence was committed for a period of 6 months immediately following the date of the conviction. This subsection shall not have effect in relation to offences committed prior to 12th July, 1976.
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(3) Subsection (1) shall apply with the necessary modifications in the case of a person to whom a children's allowance is paid under any of the provisions of this Part or regulations made thereunder and who is not the person to whom the children's allowance is granted.
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(4) Where, in a prosecution for an offence under this Part or under regulations made under or applying the provisions of this Part, it is shown to the satisfaction of the court—
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(a) that an application has been made by a person (in this section referred to as the defendant) for a children's allowance, and
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(b) that as a result of that application an allowance has been paid to any person (whether or not such allowance was that applied for and whether or not it was paid to the defendant),
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the defendant shall be presumed to have given any information contained in the application (or to have caused it to be given on his behalf) and, where such information is false, with full knowledge of such falsity and with intent that it should deceive; but this presumption may be rebutted.
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[1976 (No. 2), s. 5]
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(5) Notwithstanding any provision in any Act specifying the period within which proceedings may be commenced, a prosecution for an offence under this Part or under regulations made under or applying the provisions of this Part may be brought at any time within whichever of the following periods later expires—
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(a) the period of three months commencing on the date on which it is certified in writing sealed with the official seal of the Minister that evidence sufficient to justify the institution of that prosecution came into the procurement or possession of the Minister, or
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(b) the period of two years commencing on the date on which the offence was committed.
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[1976 (No. 2), s. 12]
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(6) Regulations under this Part may provide for offences consisting of contraventions of or failures to comply with such regulations and for the imposition, at the discretion of the court on summary conviction of such offences, of fines not exceeding specified amounts of not more than £500 or of imprisonment for a term not exceeding one year, or of both such fines and such imprisonment.
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