CBTM05250 - Failure to disclose: Meaning of failure to disclose

SS A Act, section 71, SS A Act (NI), section 69

A failure to disclose a material fact arises

• where a change of circumstances occurs between written statements of circumstances, for example claim forms or statements made on case checks, and the change is not reported

or

• where a written statement is inaccurate or incomplete.

A failure to disclose may be more difficult to establish than a misrepresentation depending on the circumstances of the case.