Issue of benefit classification certificate where duty of disclosure breached
16AC Issue of benefit classification certificate where duty of disclosure breached
In this section:
condition means a physical or mental condition.
relevant person means:
a person:
who is an eligible employee; and
who has not attained his or her maximum retiring age; and
whose period of contributory service, if the person were to cease to be an eligible employee, would be less than 20 years; or
a person:
who is or was an eligible employee to whom partial invalidity pension is or was payable in accordance with section 78; and
whose period of contributory service, if the person had ceased to be an eligible employee at the time when partial invalidity pension became so payable, would have been less than 20 years; or
a person:
who has ceased, because of death or retirement on the ground of invalidity, to be an eligible employee before attaining his or her maximum retiring age; and
whose period of contributory service is less than 20 years.
Subsections (4) to (8), inclusive, apply where CSC is satisfied, in respect of a person who is a relevant person:
that:
at or in connection with a medical examination that the person was required under subsection 16(2) or (6) or 16AB(3) to undergo; or
in connection with a request under subsection 16(6) by the person;
the person failed to answer properly a question asked of him or her or gave false or misleading information; and
that, if the person had answered the question properly or had not given that false or misleading information:
where there is in force, or there was in force immediately before the person’s retirement or death, a benefit classification certificate in respect of the person—a condition or conditions of the person not specified in the certificate would be or would have been so specified; or
where subparagraph (i) does not apply—there would be in force, or there would have been in force immediately before the person’s retirement or death, a benefit classification certificate in respect of the person specifying a condition or conditions of the person.
Subsections (4) to (8), inclusive, also apply where CSC is satisfied, in respect of a person who is a relevant person:
that, in connection with an application under subsection 16AB(2) for the revocation of a certificate issued in respect of the person, a person (in this section called the non‑discloser), being:
the relevant person; or
the applicant; or
a person acting on the applicant’s behalf; or
a person on whose behalf the applicant was acting;
failed to answer properly a question asked of him or her or gave false or misleading information; and
that, if the non‑discloser had answered the question properly or had not given that false or misleading information:
where there is in force, or there was in force immediately before the relevant person’s retirement or death, a benefit classification certificate in respect of the relevant person—a condition or conditions of the relevant person not specified in the certificate would be or would have been so specified; or
where subparagraph (i) does not apply—there would be in force, or there would have been in force immediately before the relevant person’s retirement or death, a benefit classification certificate in respect of the relevant person specifying a condition or conditions of the relevant person.
If subparagraph (2)(b)(i) or (3)(b)(i) applies, CSC shall revoke the certificate and issue in substitution for it a new benefit classification certificate in which the condition or conditions referred to in that subparagraph is or are specified either in addition to, or instead of, the condition, or some or all of the conditions, specified in the revoked certificate.
If subparagraph (2)(b)(ii) or (3)(b)(ii) applies, CSC shall issue in respect of the relevant person a benefit classification certificate specifying the condition or conditions referred to in that subparagraph.
Except for the purposes of this section, a certificate revoked under subsection (4) is taken never to have been issued.
A certificate issued under subsection (4) in substitution for a revoked certificate is taken to have been issued on the day on which, and under the provision under which, the revoked certificate was issued.
A certificate issued under subsection (5) shall be taken to have been issued on the day, and under the provision, that CSC determines to be the day on which, and the provision under which, a benefit classification certificate would have been issued, or would have been taken to have been issued, as the case requires, in respect of the relevant person if the relevant person, or the non‑discloser, as the case may be, had answered the question properly, or had not given the false or misleading information, as the case may be.
For the purposes of this section, a person answers a question properly if, and only if, he or she gives in answer to the question all the information that he or she could reasonably be expected to give, on the basis of:
his or her knowledge about the relevant matters; and
the knowledge that, having regard to his or her knowledge about the relevant matters, he or she could reasonably be expected to have about those matters;
if he or she answered the question fully and truthfully on the basis of the knowledge referred to in paragraphs (a) and (b).
In subsection (9):
relevant matters, in relation to a question asked of a person, means:
in any case—the matters that the person could reasonably be expected to regard as relevant to answering the question; and
if the question is asked of the person:
at or in connection with a medical examination that the person was required under subsection 16(2) or (6) or 16AB(3) to undergo; or
in connection with a request by the person under subsection 16(6); or
in connection with an application under subsection 16AB(2) for the revocation of a certificate issued in respect of the person;
the person’s medical history and past and present state of physical and mental health.
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