Benefit fraud (Section 290(1) Social Security Act 2018)

Charge 1: Benefit fraud under s 290(1) of the Social Security Act 2018

The Crown must prove each element of the offence. That is called the burden of proof. The Crown carries that burden. Also, the Crown must prove each element beyond reasonable doubt. That is called the standard of proof. It means that you must be sure that each element is proved.

1.	Are you sure that Mr Smith made a statement by declaring he was not in a relationship in the nature of marriage [or did or said any particular thing] [or omitted to do or say any particular thing]?
	If no, find Mr Smith not guilty. If yes, go to question two.
2.	Are you sure that Mr Smith’s statement that he was not in a relationship in the nature of marriage was false [or did or said any particular thing] [or omitted to do or say any particular thing]?
	If no, find Mr Smith not guilty. If yes, go to question three.
3.	Are you sure that Mr Smith knew the statement that he was not in a relationship in the nature of marriage was false [or did or said any particular thing] [or omitted to do or say any particular thing]?
	If no, find Mr Smith not guilty. If yes, go to question four.
4.	Are you sure that Mr Smith made the statement for the purpose of misleading [or attempting to mislead] an officer concerned in the administration of the Social Security Act 2018?
	It is admitted that Ms Jones is an officer concerned in the administration of the Social Security Act 2018. If no, find Mr Smith not guilty. If yes, go to question five.
5.	Are you sure that Mr Smith’s statement was made for the purpose of receiving [or continuing to receive] an advantage [or which resulted in him receiving such an advantage]?
	[Note: Amend or delete the words in square brackets above as required.] “Advantage” means: (a) any benefit under the Social Security Act 2018, Part 6 of the Veterans’ Support Act 2014, or Part 1 of the New Zealand Superannuation and Retirement Income Act 2001; or (b) any exemption from an obligation under the Social Security Act 2018; or (c) any payment from a Crown Bank Account in accordance with the Social Security Act 2018; or (d) any entitlement card issued under regulations made under section 437; or (e) a more favourable means assessment under Part 6 (and all related provisions) of the Residential Care and Disability Support Services Act 2018 than Mr Smith would otherwise have been entitled to; or (f) a more favourable means assessment under Part 8 (and all related provisions) of the Residential Care and Disability Support Services Act 2018 than Mr Smith would otherwise have been entitled to. If no, find Mr Smith not guilty. If yes, find Mr Smith guilty.