No matter how much the authorities try to put an end to these practices with legislative regulations and exhaustive controls, there will always be those who will try to deceive the state.
Something similar happened in the case of a family, which seems to have taken advantage of the weaknesses and ambiguities of this legislation in relation to the controls that are followed to determine the usual residence, in order to become beneficiaries and benefit from state benefits.
According to the special report of the Audit Service on "Audit of the Ministry of Labor, Welfare and Social Insurance-Administration", this family had moved abroad from September 2015 until June 2016. Then it returned to Cyprus.
However, during their absence abroad for nine whole months, they continued to receive allowances and sponsorships from the state, as they did not bother to declare that they had left Cyprus; or rather, they hid it.
As specifically mentioned in the report of the Audit Office, this case was investigated following a complaint that the family in question was receiving benefits and sponsorships, while it did not reside in Cyprus.
According to the instructions of the Director General of the Ministry of Labor, this case was considered not to have lost its normal residence in Cyprus, but lost the right to child benefit for the period of absence abroad (overpayment was calculated to recover the allowance paid to her and was not paid an allowance for the remaining period), without any other effect of concealing this fact.
The report indicates that this case with the revised provisions, which came into force on 1.1.2018, does not meet the criteria of legal and continuous residence for at least five years prior to the submission of the application, before July 2021 (five years from July 2016 - resettlement month).
Legislation, gaps and ambiguities
According to the relevant article of the Law on the Provision of Child Allowance, until the year 2017, when it was amended with effect from 1.1.2018, "every family that has its usual residence in the areas controlled by the Republic for at least three consecutive years, is entitled to a basic child allowance for her dependent children living under the same roof ".
This Law does not define the concept of "habitual residence" nor does it specify exactly which three consecutive years must be taken into account.
Legal advice and guidance has been sought and received over time about what "regular residence" means.
However, as recorded in the legal opinions, each case should be considered separately and the responsible official should form an opinion on whether the family in question intends to stay in Cyprus normally, based on some criteria which have been indicated.
"Problems will arise"
The relevant provision was amended and from January 2018 it is valid that, "every family that has legal and permanent residence in the areas where the Republic exercises effective control, for at least five years prior to the submission of the application, is entitled to a basic child allowance for dependents her children living under the same roof ".
According to the Audit Office, although it seems that the amendment of the Law on the Provision of Child Allowance regulated some issues that arose in relation to the criterion of residence, nevertheless our Office estimates that during the practical implementation of the new provisions will arise problems.
This is because several families (all or members) who will be temporarily absent from Cyprus for a short time or for health reasons will automatically cease to meet the criterion of permanent residence, since relevant provisions have not been included in the legislation governing the issue. this.
The recommendation
The Audit Office states that, it requested information on whether there is any institutionalized procedure, practice or even instructions that ensure both at the stage of reviewing applications and for monitoring purposes that the beneficiary family meets and continues to meet its criteria. accommodation.
"In relation to our subject letter, in order to limit the risks of payment of benefits to non-beneficiaries and / or voluntary deception of the state, by submitting applications with untrue data / statements, it is necessary that the issue of confirmation of the data / statements submitted be examined. in depth in cooperation with all the competent Services / Departments involved in order to find practical ways of dealing with the problems in each case ", according to the Service.
For example, as it is added, "it is necessary to establish an interconnection with files of other Public Services and Departments in order to confirm and check the data and declarations, as well as to calculate the incomes of the respective applicants, in order to reduce the risk of overpayments or deception of the state ".
"In the meantime, the applicants could be requested to submit relevant certificates from the Services / Departments which are submitted with their application", the Audit Office continues in the report.
Punish the experts for setting an example
The Office recommends that, where false and untrue information is found, "it is imperative for the offense to take, for example, immediate, strict and legal measures for deception, forgery, fraud and not merely to request a refund or severance of the grant," to avoid similar incidents in the future.
In addition, it is suggested that "the possibility of amending the legislation should be studied, so that people who mislead with false information, have an impact regarding future requests and benefits".
Source: Reporter