Nursing Homes Support Scheme Act 2009

42.

Non-disclosure and misstatement relating to financial assessments.

42.— (1) Where, in connection with a financial assessment, or a review of a financial assessment under section 30 , a person does not disclose, or makes a misstatement as respects the amount or value of income, transferred income, cash assets, relevant assets or transferred assets, and receives a greater amount of State support than would have been the case if there had not been such non-disclosure or misstatement, as the case may be, the amount, as determined by the Executive, of the excess of State support over the amount which the person would have received had such non-disclosure or misstatement, as the case may be, not occurred shall be payable by the person to the Executive on demand and may be recovered by the Executive as a simple contract debt in any court of competent jurisdiction from the person or the estate of that person.

(2) Where an excess amount of State support has been paid in respect of a person and such excess arises by reason of information supplied by the person’s partner, such excess shall, to the extent that it arises by reason of the non-disclosure or misstatement by that partner, be payable by the partner to the Executive on demand and may be recovered from the partner of the person in respect of whom the State support has been paid or the estate of such partner as a simple contract debt in any court of competent jurisdiction.

(3) Without prejudice to the rights of the Executive under subsections (1) and (2) , the Executive may reduce the amount of State support which would be payable in respect of the person until the total of excess payments has been recovered by the Executive.