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Furnishing of information to social welfare officers by personal representatives.
[1960 MP, s. 18; 1976 (No. 2), s. 9]
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174.—(1) The personal representative of a person who at any time was in receipt of old age pension, shall, at the request of a social welfare officer made for the purposes of an inquiry and report in relation to the pension, and within such period (not being less than 30 days) as may be specified in the request—
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(a) furnish to the officer such information, books and documents relating to the affairs of the person which are in the power, possession or procurement of the personal representative as he may reasonably require and permit the officer to take extracts from the books and documents and furnish to him such information as he may reasonably require in relation to such extracts, and
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(b) authorise the officer to inspect any entries relating to the affairs of the person in the books of any bank (including any savings bank) and to take copies of such entries and furnish to the officer such information which is within the power, possession or procurement of the personal representative as he may reasonably require in relation to such entries.
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(2) A person who fails to comply with a request under subsection (1) shall be guilty of an offence under this section and shall be liable—
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(a) 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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(b) 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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[1960 MP, s. 19]
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(3) The personal representative of a person who was at any time in receipt of a pension shall before distributing the assets of the person inform the Minister, by notice in writing delivered to the Minister not less than three months before the distribution commences, of his intention to distribute the assets.
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(4) A personal representative who contravenes subsection (3) and who distributes the assets of the person whose estate he represents without payment of any sum which is due to the Minister in respect of—
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(a) payments of pension to the person at a time when the person was not entitled to receive the pension, or
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(b) payments of pension to the person of amounts in excess of the amounts which the person was entitled to receive,
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shall be personally liable to repay to the Minister an amount equal to the amount (if any) which the Minister would have received if, in the administration of the estate of the person, the sum aforesaid had been duly taken into account and repaid to the Minister to the extent (if any) appropriate, having regard to the assets of the person, and such amount shall be a debt due by the personal representative to the Minister.
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