Any person commits an offence who—
| (1) |
induces or influences an applicant or a beneficiary not to report any complaint to any person or organ of State in respect of any matter in terms of the Act; |
| (2) |
wilfully furnishes wrong or false information to the Agency, the Minister or the Director-General in the performance of her or his duties in terms of this Act; |
| (a) |
does anything calculated improperly to influence the Agency or any person acting on behalf of the Agency, the Minister or the Director-General, in respect any matter being considered by the Agency, the Minister or the Director General, in connection with any performance of any function or exercise of any power in terms of the Act; |
| (b) |
wilfully hinders or obstructs any investigation, inquiry or evaluation by a member of staff or person appointed by the Agency, the Minister or the Department to conduct such investigation, inquiry or evaluation; |
| (c) |
without just cause and being aware of any fraud or attempt to commit fraud, misrepresentation of facts to the Agency, Minister or Director-General, fails to report an action or act of any person, which act is prohibited in terms of the Act; |
| (d) |
does anything to assist an applicant or beneficiary to falsify any document, certificate or report, alter or temper with any such certificate, document or report, or makes false presentations or supply false information to the Agency, the Minister or the Director General in connection with any matter in connection with such report, document or certificate or in terms of the Act; |
| (e) |
whilst obliged to do so and upon written request, fails to provide information to the Agency, the Minister or the Director-General regarding any matter in connection with the administration of social assistance and the payment of grants in terms of the Act; |
| (f) |
whilst appointed by the Agency to act on behalf of a beneficiary in respect of a matter in terms of the Act, fails to act in accordance with the conditions of appointment applicable to him or her; |
| (g) |
whilst appointed by the Agency to act on behalf of a beneficiary in connection with any matter in terms of the Act, fails and neglects to act in the best interests of the beneficiary, or uses any monies received on behalf of the beneficiary for any purpose not authorised by the beneficiary or the by the Agency; |
| (h) |
whilst appointed by the Agency to act on behalf of a beneficiary in connection with any matter in terms of the Act, influences the beneficiary to provide false information, reports or documents to the Agency or any other organ of State in connection with any matter relating to the administration of social assistance or the payment of a grant to a beneficiary. |
| (i) |
knowing that a statement or declaration by an applicant or beneficiary is false in material respect or without verifying any fact, assists or encourages a beneficiary or applicant to make such a false statement or declaration; or |
| (j) |
threatens or interferes with a beneficiary at a pay-point. |
| (3) |
Any person found guilty of an offence in subsection (1) shall be liable on conviction to a fine or to imprisonment. |
Older Persons Act, 2006
