Childcare Payments Act 2014
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Change 1
40 Recovery of top-up payments in other cases
(1) If— (a) a top-up payment is made into a childcare account, and (b) the account-holder is not entitled to the top-up payment, the account-holder is liable to pay HMRC an amount equal to the amount of the top-up payment. (2) If— (a) a person who holds a childcare account causes or permits a prohibited payment to be made from the account, and (b) at the time of the payment the person knew, or ought to have known, that the payment was a prohibited payment, the person is liable to pay HMRC an amount not exceeding the top-up element of the prohibited payment. (3) If a person fails to make a payment in accordance with a requirement imposed by subsections (1) to (3) of section 23 (refunds of payments made from childcare accounts), the person is liable to pay HMRC the top-up element of the payment. (4) If a prohibited payment is made to a person from a childcare account as a result of the dishonesty of that or some other person, each of those persons is liable to pay HMRC the top-up element of the prohibited payment. (5) Where— (a) a body corporate is liable under subsection (3) or (4) to pay an amount to HMRC, and (b) the liability is attributable (wholly or partly) to the dishonesty of a person falling within subsection (6), that person (as well as the body corporate) is liable to pay that amount to HMRC. (6) The persons are— (a) a director, manager, secretary or similar officer of the body corporate; (b) any person who was purporting to act in such a capacity. (7) Where the affairs of a body corporate are managed by its members, subsection (5) applies in relation to the acts and defaults of a member, in connection with that management, as if the member were a director of the body corporate. (8) Where— (a) a Scottish firm is liable under subsection (3) or (4) to pay an amount to HMRC, and (b) the liability is attributable (wholly or partly) to the dishonesty of a partner of the firm or a person purporting to act as such a partner, that person (as well as the firm) is liable to pay that amount to HMRC. (9) For provision about calculating the top-up element of a payment, see section 21.
40 Recovery of top-up payments in other cases
(1) If— (a) a top-up payment is made into a childcare account, and (b) the account-holder is not entitled to the top-up payment, the account-holder is liable to pay HMRC an amount equal to the amount of the top-up payment. (2) If— (a) a person who holds a childcare account causes or permits a prohibited payment to be made from the account, and (b) at the time of the payment the person knew, or ought to have known, that the payment was a prohibited payment, the person is liable to pay HMRC an amount not exceeding the top-up element of the prohibited payment. (3) If a person fails to make a payment in accordance with a requirement imposed by subsections (1) to (3) of section 23 (refunds of payments made from childcare accounts), the person is liable to pay HMRC the top-up element of the payment. (4) If a prohibited payment is made to a person from a childcare account as a result of the dishonesty of that or some other person, each of those persons is liable to pay HMRC the top-up element of the prohibited payment. (5) Where— (a) a body corporate is liable under subsection (3) or (4) to pay an amount to HMRC, and (b) the liability is attributable (wholly or partly) to the dishonesty of a person falling within subsection (6), that person (as well as the body corporate) is liable to pay that amount to HMRC. (6) The persons are— (a) a director, manager, secretary or similar officer of the body corporate; (b) any person who was purporting to act in such a capacity. (7) Where the affairs of a body corporate are managed by its members, subsection (5) applies in relation to the acts and defaults of a member, in connection with that management, as if the member were a director of the body corporate. (8) Where— (a) a Scottish firm is liable under subsection (3) or (4) to pay an amount to HMRC, and (b) the liability is attributable (wholly or partly) to the dishonesty of a partner of the firm or a person purporting to act as such a partner, that person (as well as the firm) is liable to pay that amount to HMRC. (9) For provision about calculating the top-up element of a payment, see section 21.
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