(1) 

Attorney's Note

Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class A misdemeanorup to 364 daysup to $2,500
For details, see Utah Code § 76-3-204

Terms Used In Utah Code 59-2-1215

  • claimant: includes a surviving spouse:
    (i) regardless of:
    (A) the age of the surviving spouse; or
    (B) the age of the deceased spouse at the time of death;
    (ii) if the surviving spouse meets the requirements of this part except for the age requirement;
    (iii) if the surviving spouse is part of the same household of the deceased spouse at the time of death of the deceased spouse; and
    (iv) if the surviving spouse is unmarried at the time the surviving spouse files the claim. See Utah Code 59-2-1202
  • Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
  • Person: means :Utah Code 68-3-12.5
  • (a)  If the commission or the county determines that a claim is excessive and was filed with fraudulent intent:

    (i)  the claim shall be disallowed in full;

    (ii)  the credit shall be cancelled;

    (iii)  the amount paid or claimed shall be recovered by assessment; and

    (iv)  the assessment provided for in Subsection (1)(a)(iii) shall bear interest:

    (A)  from the date of the claim;

    (B)  until refunded or paid; and

    (C)  at the rate of 1% per month.

    (b)  The claimant, and any person who assists in the preparation or filing of an excessive claim or supplies information upon which an excessive claim was prepared, with fraudulent intent, is guilty of a class A misdemeanor.

(2)  If the commission or the county determines that a claim is excessive and negligently prepared:

(a)  10% of the corrected claim shall be disallowed;

(b)  the proper portion of any amount paid shall be similarly recovered by assessment; and

(c)  the assessment provided for in Subsection (2)(b) shall bear interest at 1% per month from the date of payment until refunded or paid.

Amended by Chapter 221, 2001 General Session
Amended by Chapter 310, 2001 General Session