1. According to Article 88 of the Social Insurance Law of People's Republic of China (PRC), if the social insurance benefits are defrauded by fraud, forged certification materials or other means, the social insurance administrative department shall order the fraudulent social insurance benefits to be returned and impose a fine of not less than two times but not more than five times the amount defrauded. For more information, please call the service hotline of local social security bureaus 12333.
2. Paragraph 2 of Article 27 of the Regulations on Labor Security Supervision stipulates that those who defraud social insurance benefits or social insurance fund expenditures shall be ordered to return by the administrative department of labor security, and a fine of more than one time and less than three times the amount defrauded shall be imposed; If a crime is constituted, criminal responsibility shall be investigated according to law.
3. The punishment stipulated in the Regulations on Work-related Injury Insurance and the Regulations on Unemployment Insurance is also a fine of more than one time and less than three times the amount defrauded.
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Conclusion: Whoever defrauds social insurance benefits by illegal means shall be punished according to the fine range of more than two times and less than five times the amount defrauded. In order to increase the punishment for such illegal acts, those who defraud social insurance benefits are serious or unrepentant can be sentenced.
Attention! Eight behaviors of defrauding social insurance benefits
1. Fictitious labor relations or providing false certification materials to defraud social insurance qualifications.
2. Concealing or fabricating medical history, forging, altering or illegally changing fictitious social insurance treatment conditions such as personal identification and archival materials, and defrauding social insurance treatment qualifications.
3. The conditions for enjoying social insurance benefits have changed or lost the qualification for enjoying social insurance benefits, and the social insurance agency has not been truthfully informed to continue to enjoy social insurance benefits.
4. Forge or fraudulently use other people's social insurance vouchers or payment vouchers.
5. Giving my social insurance certificate or proof of payment to others to defraud social insurance benefits.
6 false presentation, inflated social insurance service items and amount, defrauding social insurance fund expenditure.
7. Fictitious labor relations or providing false certification materials or expert opinions to help others defraud social insurance qualifications or enjoy social insurance benefits.
8. Other acts of defrauding social insurance funds.
Cheating social insurance benefits mainly refers to individuals who do not meet the conditions for enjoying social insurance benefits and cheat social insurance benefits by fraud, forgery of certification materials or other means. In practice, there are many forms of defrauding social security benefits by fraud, forgery of certification materials or other means, such as forging or altering the age of files, the number of years of special jobs, and applying for early retirement from medical records; Some forged or altered the supporting documents for receiving old-age insurance benefits, and what's more, people who have died are still receiving old-age insurance benefits. In the payment of medical insurance, some people use other people's identity certificates and social security cards to seek medical treatment; Some forged or altered medical records, prescriptions and disease diagnosis certificates.
Why should I be sentenced for defrauding social insurance benefits?
In recent years, cases of defrauding pension, medical care and other social insurance benefits or other social insurance benefits have occurred from time to time. For example, in some places, there are organized acts of defrauding social insurance benefits. Some rich people obviously enjoy the luxury life of living in luxury houses and driving luxury cars, but they defraud social insurance benefits such as subsistence allowances through improper means. This phenomenon not only seriously infringes on the interests of the state and citizens, but also affects the safe operation of the social insurance system in the long run, and even fundamentally corrodes social fairness and justice.
What are the penalties for social security agencies and service agencies to defraud social insurance funds?
According to Article 87 of the Social Insurance Law, if social insurance agencies, medical institutions, pharmaceutical business units and other social insurance service institutions defraud social insurance fund expenditures by fraud, forgery of certification materials or other means, the social insurance administrative department shall order them to return the defrauded social insurance money and impose a fine of more than two times and less than five times the amount defrauded; If it belongs to a social insurance service institution, the service agreement shall be terminated; If the directly responsible person in charge and other directly responsible personnel are qualified, their qualifications shall be revoked according to law.
Do not challenge the law! ! !
According to the latest criminal law, the act of illegally defrauding social insurance money or other social insurance benefits is treated as fraud, which is another new severe measure after the imprisonment of unpaid wages. This is also the most powerful counterattack against cases of defrauding pension, medical work injury and other social insurance benefits in recent years. After the adoption of the New Deal, local social security agencies should make full use of the window to publicize fraudulent insurance and create a high-pressure atmosphere; At the same time, the administrative department of social security should strictly abide by the legal boundaries and transfer the amount of more than 5,000 yuan to the judicial organs. Friend, don't challenge the law! ! !
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