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18.104.22.168 — Misrepresentation occurs when a client makes a false or misleading statement, either orally or in writing, regarding a circumstance that affects the amount of pension payable. The Prosecution Guidelines make reference to the distinction between knowing and unknowing false/misleading statements, and how these relate to fraud. See Prosecution Guidelines - Offences - Veterans' Entitlements Act Offences - False or Misleading Statements - Misrepresentations. This reference can be found on page 114 of the Department of Veterans' Affairs – Investigation Guidelines. The investigation guidelines are located in TRIM, record number 0161127E.
22.214.171.124 — In either case, where a misrepresentation has led to a higher amount of pension having been paid than would otherwise have been the case, the difference between the amount actually paid and the amount that should have been paid constitutes a recoverable overpayment (section 205 VEA refers). Section 56H VEA refers to the date of effect of the adverse determination in this circumstance.