Childcare Payments Act 2014
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Change 1
46 Penalties for dishonestly obtaining top-up payments, etc
(1) A person (“P”) is liable to a penalty under this section if— (a) for the purpose of obtaining a relevant payment for P or another (see subsection (2)), P does, or omits to do, any act, and (b) P's conduct involves dishonesty. (2) The following payments are “relevant payments”— (a) a top-up payment; (b) a payment from a childcare account. (3) The amount of the penalty may not exceed— (a) £3,000, or (b) the sum of any relevant amounts obtained as mentioned in subsection (1), whichever is greater. (4) In subsection (3) “relevant amount” means— (a) in the case of a top-up payment, the amount of the payment, and (b) in the case of a payment from a childcare account, an amount equal to the top-up element of the payment. (For provision about calculating the top-up element of a payment, see section 21.) (5) Regulations may amend subsection (3)(a) so as to substitute a different amount for the amount for the time being specified there. (6) Where— (a) a body corporate is liable to a penalty under this section, and (b) the liability is attributable (wholly or partly) to the dishonesty of a person falling within subsection (7), that person (as well as the body corporate) is liable to a penalty under this section. (7) 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. (8) Where the affairs of a body corporate are managed by its members, subsection (6) 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. (9) Where— (a) a Scottish firm is liable to a penalty under this section, 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 a penalty under this section.
46 Penalties for dishonestly obtaining top-up payments, etc
(1) A person (“P”) is liable to a penalty under this section if— (a) for the purpose of obtaining a relevant payment for P or another (see subsection (2)), P does, or omits to do, any act, and (b) P's conduct involves dishonesty. (2) The following payments are “relevant payments”— (a) a top-up payment; (b) a payment from a childcare account. (3) The amount of the penalty may not exceed— (a) £3,000, or (b) the sum of any relevant amounts obtained as mentioned in subsection (1), whichever is greater. (4) In subsection (3) “relevant amount” means— (a) in the case of a top-up payment, the amount of the payment, and (b) in the case of a payment from a childcare account, an amount equal to the top-up element of the payment. (For provision about calculating the top-up element of a payment, see section 21.) (5) Regulations may amend subsection (3)(a) so as to substitute a different amount for the amount for the time being specified there. (6) Where— (a) a body corporate is liable to a penalty under this section, and (b) the liability is attributable (wholly or partly) to the dishonesty of a person falling within subsection (7), that person (as well as the body corporate) is liable to a penalty under this section. (7) 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. (8) Where the affairs of a body corporate are managed by its members, subsection (6) 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. (9) Where— (a) a Scottish firm is liable to a penalty under this section, 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 a penalty under this section.
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