Employee or claimant to provide information
48 Employee or claimant to provide information
STC may require an employee or a claimant for payment of a benefit under this Act—
to provide STC with specified information or evidence referred to in subsection (2),
to provide STC with an authority to obtain from a third person any such information or evidence, or
in the case of a claimant for a benefit under section 39 or 40—to undergo one or more medical examinations.
A requirement under subsection (1) may be made only—
in the case of an employee—in relation to information or evidence that is relevant to the assessment of an application by the employee to be covered for the additional benefit, or
in the case of a claimant for payment of a benefit—in relation to information, evidence or a medical examination that is relevant to the assessment of an application made by the claimant for payment of the benefit.
Where—
the employee or claimant to whom a requirement under subsection (1) relates fails to comply with the requirement or, in purported compliance with the requirement, makes or provides an untrue statement, or
a person referred to in subsection (1) (b) fails to provide information or evidence that STC has been authorised to obtain from the person or, in purported compliance with the request by STC for the information or evidence, makes or provides an untrue statement,
STC may—
where the information or evidence is required in relation to an application to contribute for the additional benefit—refuse the application, or
where the information is required in relation to a claim for a benefit—take such action in relation to the benefit as, in the opinion of STC, would place the claimant as nearly as possible in the same position as the claimant would be if the information or evidence had been provided or the medical examination made or if the statement had not been untrue.
Nothing in this section prevents STC from deferring, for such time as it thinks fit, consideration of an application to contribute for a benefit or a claim for payment of a benefit if it has not received the information or evidence required by STC under subsection (1).
For the purposes of this section, untrue, in relation to a statement, includes—
misleading in the form and context in which the statement appears, and
misleading by reason of the omission from the statement of matter that is material.
This Act’s bill:Explanatory memorandum
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