Accurate and honest declarations
Published on 22 January 2020
Contents
- The purpose of this guide
- Deterrence
- Understanding choice
- The power of inertia
- Choice architecture
- Counter-fraud declarations
- Early declarations
- Consent declarations
- Brevity and clarity
- Accountability
- Quality assurance
- Further information
- Summary
- Appendix 1 - Personal Independence Payment
- Appendix 2 - Independent Living Fund
- Appendix 3 - Electronic signatures
Counter-fraud declarations
People are asked to sign declarations for a range of purposes, including confirmation of identity, providing consent to involvement in a process and to acknowledge that they have read and agreed terms and obligations. Another important reason is to declare that the person has provided true and complete information.
Signing a counter-fraud declaration attributing the stated information in an application to a specific person who it could be argued has considered its accuracy assists CFS, the police or others, with the evidence gathering process in a fraud investigation. Furthermore, to prosecute fraud under Scots Common Law it must be proved that the person making a false statement knew it was false and that this falsehood resulted in either a benefit for the accused or a prejudice against the victim (the organisation).
Here are two examples of simple counter-fraud declarations:
Example 1, Including a clause where the applicant has an obligation to report changes in their circumstances
- I agree that the information I give on this form is complete and correct.
- I understand if I give wrong or incomplete information (consequence) and I may be prosecuted.
- I understand I must promptly tell (the organisation) of anything that may affect my (allowance/entitlement/exemption/award/payment etc.)
Example 2, Including a clause requiring confirmation of an exclusionary condition
- I agree that the information I give on this form is complete and correct.
- I agree to repay any money I receive to which I am not entitled.
- I understand if I knowingly give wrong or incomplete information I may be prosecuted.
- I have not received payment from other UK schemes.