Change 1 Article Choose an article Title and introductory text 1 Entitlement to benefit dependent on claim. 2 Retrospective effect of provisions making entitlement to benefit dependent on claim. 2A Claim or full entitlement to certain benefits conditional on work-focused interview. 2AA Full entitlement to certain benefits conditional on work-focused interview for partner 2B Supplementary provisions relating to work-focused interviews. 2C Optional work-focused interviews. 2D Work-related activity 2E Action plans in connection with work-focused interviews 2F Directions about work-related activity 2G Contracting-out 2H Good cause for failure to comply with regulations 3 Late claims for bereavement benefit where death is difficult to establish. 4 Treatment of payments of benefit to certain widows. 5 Regulations about claims for and payments of benefit. 5A Sharing of functions as regards certain claims and information. 5B Use of social security information 6 Notification of accidents, etc. 7 Medical examination and treatment of claimants. 8 Obligations of claimants. 9 Initial claims and repeat claims. 10 Necessity of application for certain payments. 10A Necessity of application for health in pregnancy grant 11 Necessity of application for child benefit. 11A Election not to receive child benefit 12 Duties of employees etc. in relation to statutory sick pay. 13 Duties of women etc. in relation to statutory maternity pay. 13A Payment out of benefit of sums in respect of mortgage interest, etc. 13B Expenses in respect of vehicle hire, etc. 14 Emergency payments by Health and Social Care trusts and other bodies. 15 Questions for the Department. 16 Appeal on question of law. 17 Review of decisions. 18 Claims and questions to be submitted to adjudication officer. 19 Decision of adjudication officer. 20 Appeal to social security appeal tribunal. 21 Appeal from social security appeal tribunal to Commissioner. 22 Appeal from Commissioners on point of law. 23 Review of decisions. 24 Procedure for reviews. 25 Reviews under s. 23 - supplementary. 26 Appeals following reviews or refusals to review. 27 Review after claimant appeals. 28 Reviews of decisions of adjudication officers. 29 Further reviews. 30 Reviews of decisions as to attendance allowance, disability living allowance or disability working allowance - supplementary. 31 Appeals following reviews. 32 Appeal from social security appeal tribunals or disability appeal tribunals to Commissioners and appeals from Commissioners. 33 Reviews of decisions on appeal. 34 Questions first arising on appeal. 35 Reference of special questions. 36 Adjudication officers. 37 The Chief Adjudication Officer. 38 Panels for appointment to social security appeal tribunals. 39 Constitution of social security appeal tribunals. 40 Panels for appointment to disability appeal tribunals. 41 Constitution of disability appeal tribunals. 42 Declaration that accident is an industrial accident. 43 Disablement questions. 44 Medical appeals and references. 45 Review of medical decisions. 46 Appeal etc. on question of law to Commissioner. 47 Adjudicating medical practitioners. 48 Constitution of medical appeal tribunals. 49 The President of social security appeal tribunals, medical appeal tribunals and disability appeal tribunals and chairmen. 50 Appointment of Commissioners. 51 Power of adjudicating authorities to refer matters to experts. 52 Claims relating to attendance allowance, disability living allowance and disability working allowance. 53 Medical examination etc. in relation to appeals to disability appeal tribunals. 54 Assessors. 55 Tribunal of 2 or 3 Commissioners. 55A Medical examinations of persons awarded attendance allowance or disability living allowance. 56 Regulations as to determination of questions and matters arising out of, or pending, reviews and appeals. 57 Procedure. 58 Finality of decisions. 59 Regulations about supplementary matters relating to determinations. 59A Adjudication: incapacity for work. 60 Adjudication as to industrial diseases. 61 Adjudication. 62 Social fund officers. 63 The social fund Commissioner and inspectors. 64 Reviews. 65 Determination of questions. 66 Restrictions on entitlement to benefit in certain cases of error. 67 Determination of questions on review following erroneous decisions. 68 Regulations as to correction of errors. 69 Overpayments - general. 69ZA Overpayments out of the social fund. 69ZB Recovery of overpayments of certain benefits 69ZC Deduction from benefit 69ZD Deduction from earnings 69ZE Court action etc. 69ZF Adjustment of benefit 69ZG Recovery of payments on account 69ZH Recovery of hardship payments etc. 69A Recovery of jobseeker’s allowance: severe hardship cases. 70 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 Overlapping benefits - general. 72 Income support and other payments. 72A Payment of benefit where maintenance payments collected by Department. 73 Overpayments of housing benefit. 74 Recovery of social fund awards. 75 Recovery of Great Britain payments. 76 Child benefit - overlap with benefits under legislation of ... member States. 77 Interpretation of Part IV. 78 Recovery of sums equivalent to benefit from compensation payments in respect of accidents, injuries and diseases. 79 Time for making payment to Department. 80 The certificate of total benefit. 81 Exemption from deduction in cases involving small payments. 82 Multiple compensation payments. 83 Collaboration between compensators. 84 Structured settlements. 85 Insolvency. 86 Protection of legal aid charges. 87 Overpaid benefits. 88 Death. 89 Payments into court. 90 Provision of information. 91 Applications for certificates of total benefit. 92 Liability of compensator unenforceable if certificate not issued within time limit. 93 Review of certificates of total benefit. 94 Appeals. 95 Recovery in consequence of an appeal. 96 Recovery of relevant payment in cases of default. 97 Foreign compensators: duties of intended recipient. 98 Interest on damages: reductions in respect of relevant payments. 99 The Crown. 100 Failure to maintain - general. 101 Recovery of expenditure on benefit from person liable for maintenance. 102 Recovery of expenditure on income support: additional amounts and transfer of orders. 103 Reduction of expenditure on income support: certain maintenance orders to be enforceable by the Department. 103A Authorisations for investigators 103B Power to require information 103BA Power of Department to require electronic access to information 103C Powers of entry 104 Appointment and powers of inspectors. 104ZA Class 1, 1A, 1B or 2 contributions: powers to call for documents etc 104A Authorisations by the Housing Executive 104AA Power of Housing Executive to require electronic access to information 104B Powers of inspectors appointed under section 104A. 105 Delay, obstruction etc. of inspector. 105A Dishonest representations for obtaining benefit etc. 106 False representations for obtaining benefit etc. 107 Breach of regulations. 107A Statutory sick pay and statutory maternity pay: breach of regulations 107B Statutory sick pay and statutory maternity pay: fraud and negligence 107C Health in pregnancy grant: civil penalty for fraud, etc. 108 Offences relating to contributions. 108A Penalties relating to contributions. 109 Offences by bodies corporate. 109A Penalty as alternative to prosecution. 109B Penalty as alternative to prosecution: colluding employers, etc. 110 Legal proceedings. 111 Issues arising in proceedings. 111A Issues arising in proceedings: contributions, etc. 112 Evidence of non-payment. 113 Recovery of unpaid contributions on prosecution. 114 Proof of previous offences. 115 Unpaid contributions - supplementary. 115A Recovery of contributions, etc. 115B Liability of directors, etc. for company’s contributions. 115C Appeals in relation to personal liability notices. 115CA Interpretation of Part VI 115D Supply of contributions, etc. information held by Inland Revenue. 115E Supply to Inland Revenue for purposes of contributions, etc. of information held by Department or Secretary of State. 116 Supply of information held by tax authorities for fraud prevention and verification. 116ZA Supply of tax information to assess certain employment or training schemes 116AA Disclosure of contributions, etc. information by Her Majesty’s Revenue and Customs . 116A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116B Supply of other government information for fraud prevention and verification. 116C Supply of information to the Housing Executive. 116D Supply of information by the Housing Executive. 117 Unauthorised disclosure of information relating to particular persons. 118 Regulations as to notification of deaths. 119 Personal representatives to give information about the estate of a deceased person who was in receipt of income support or supplementary benefit. 119A Power to require information from landlords and agents. 120 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121 Disclosure by the Department for purpose of determination of period of entitlement to statutory sick pay. 122 Duties of employers - statutory sick pay and claims for other benefits. 123 Disclosure by the Department for purpose of determination of period of entitlement to statutory maternity pay. 124 Duties of employers - statutory maternity pay and claims for other benefits. 125 Furnishing of addresses for maintenance proceedings, etc. 126 Arrangements for housing benefit. 127 Housing benefit finance. 128 Claims etc. 128A Persons to report on administration. 128B Powers of investigation. 128C Reports. 128D Directions. 128DA Directions: variations and revocation 128E Information about attainment of standards. 128EE Financing of other expenditure. 128F Enforcement notices. 128G Enforcement determinations. 128H Enforcement determinations: supplementary. 129 Amendments following alterations in Great Britain. 130 Revaluation of earnings factors. 130A Revaluation of low earnings threshold 130AA Revaluation of flat rate accrual amount 130AC Revaluation for transitional pensions under Pensions Act (Northern Ireland) 2015 130AD Revaluation of new state scheme pension debits and credits 131 Statutory sick pay - power to alter limit for small employers’ relief. 132 Annual up-rating of benefits. 132A Annual up-rating of basic pension etc. and standard minimum guarantee 132B Up-rating of transitional state pensions under Pensions Act (Northern Ireland) 2015 133 Rectification of mistakes in up-rating orders. 134 Social security benefits in respect of children. 135 Effect of alteration of rates of benefit under Parts II to V of Contributions and Benefits Act. 135A Power to anticipate pensions up-rating order. 136 Up-rating under section 132 of pensions increased under section 52(3) of Contributions and Benefits Act. 137 Effect of alteration of rates of child benefit. 138 Treatment of excess benefit as paid on account of child benefit. 139 Effect of alteration in the component rates of income support. 139A Effect of alteration of rates of a jobseeker’s allowance. 139B Effect of alterations affecting state pension credit 139C Effect of alteration of rates of an employment and support allowance 139D Effect of alterations affecting universal credit 139E Effect of alteration of rates of personal independence payment 140 Implementation of increases in income support due to attainment of particular ages. 140A Implementation of increases in income-based jobseeker’s allowance due to attainment of particular ages. 140B Implementation of increases in employment and support allowance due to attainment of particular ages 141 National Insurance Fund. 142 Destination of contributions. 143 General financial arrangements. 144 Destination of repayments, etc. 145 Adjustments between National Insurance Fund and Consolidated Fund. 146 The social fund. 147 Allocations from social fund. 148 Adjustments between social fund and other sources of finance. 149 Functions of Social Security Advisory Committee in relation to legislation and regulations. 150 Cases in which consultation with Committee is not required. 151 Committee’s report on regulations and Department’s duties. 152 The Disability Living Allowance Advisory Board. 153 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155 Reciprocal agreements with countries outside the United Kingdom. 155A Exchange of information with overseas authorities 156 Payment of travelling expenses by Department. 156A Payment of travelling expenses by the Commissioners of Inland Revenue 157 Impersonation of officers. 158 Illegal possession of documents. 158A Return of social security post. 158B Requirement to supply information about redirection of post. 158C Requirement to apply for national insurance number. 159 Research on industrial injuries, etc. 160 Control of pneumoconiosis. 161 Administration of workmen’s compensation etc. 162 Application of provisions of Act to supplementary benefit, etc. 163 Certain benefit to be inalienable. 164 Exemption from stamp duty. 165 Regulations and orders - general. 166 Assembly, etc. control of orders and regulations. 167 Interpretation. 168 Short title, commencement and extent. SCHEDULE 1 CLAIMS FOR BENEFIT MADE OR TREATED BEFORE 1ST OCTOBER 1990 SCHEDULE 2 COMMISSIONERS – SUPPLEMENTARY PROVISIONS SCHEDULE 3 REGULATIONS AS TO PROCEDURE SCHEDULE 3A Health in pregnancy grant: Civil penalty for fraud, etc. SCHEDULE 4 PERSONS EMPLOYED IN SOCIAL SECURITY ADMINISTRATION OR ADJUDICATION SCHEDULE 5 REGULATIONS NOT REQUIRING PRIOR SUBMISSION TO SOCIAL SECURITY ADVISORY COMMITTEE SCHEDULE 5A Regulations not requiring prior submission to Industrial Injuries Advisory Council SCHEDULE 7 SUPPLEMENTARY BENEFITS, ETC. TABLE OF DERIVATIONS
What to do with it
As published
108A Penalties relating to contributions.
(1) If a person fails to pay, at or within the time prescribed for the purpose, any contribution which he is liable to pay, he shall be liable to a penalty.
(2) If a person fails to pay, at or within the time prescribed for the purpose, any sums which he is required by regulations made by virtue of paragraph 6 or 7B of Schedule 1 to the Contributions and Benefits Act to pay, he shall be liable to a penalty under subsection (1) above without proof of his failure so to pay any particular contribution.
(3) For the purposes of subsection (1) above, regulations shall—
(a) prescribe the amount or rate of penalty, or provide for how it is to be ascertained;
(b) provide for the penalty to be imposed by the Department—
(i) within 6 years after the date on which the penalty is incurred; or
(ii) where the amount of the penalty is to be ascertained by reference to the amount of any contributions payable, at any later time within 3 years after the final determination of the amount of those contributions;
(c) provide for determining the date on which, for the purposes of paragraph (b) above, the penalty is incurred;
(d) prescribe the means by which the penalty is to be enforced; and
(e) provide for enabling the Department, in its discretion, to mitigate or to remit any such penalty, or to stay or to compound any proceedings for a penalty.
(4) Subsection (1) above does not apply—
(a) to any failure by a person in respect of which he has been convicted of an offence under section 108(1) above; or
(b) to Class 4 contributions recoverable by the Inland Revenue.
Your wording
Your change, as a redline
108A Penalties relating to contributions.
(1) If a person fails to pay, at or within the time prescribed for the purpose, any contribution which he is liable to pay, he shall be liable to a penalty.
(2) If a person fails to pay, at or within the time prescribed for the purpose, any sums which he is required by regulations made by virtue of paragraph 6 or 7B of Schedule 1 to the Contributions and Benefits Act to pay, he shall be liable to a penalty under subsection (1) above without proof of his failure so to pay any particular contribution.
(3) For the purposes of subsection (1) above, regulations shall—
(a) prescribe the amount or rate of penalty, or provide for how it is to be ascertained;
(b) provide for the penalty to be imposed by the Department—
(i) within 6 years after the date on which the penalty is incurred; or
(ii) where the amount of the penalty is to be ascertained by reference to the amount of any contributions payable, at any later time within 3 years after the final determination of the amount of those contributions;
(c) provide for determining the date on which, for the purposes of paragraph (b) above, the penalty is incurred;
(d) prescribe the means by which the penalty is to be enforced; and
(e) provide for enabling the Department, in its discretion, to mitigate or to remit any such penalty, or to stay or to compound any proceedings for a penalty.
(4) Subsection (1) above does not apply—
(a) to any failure by a person in respect of which he has been convicted of an offence under section 108(1) above; or
(b) to Class 4 contributions recoverable by the Inland Revenue.
A proposal here is not law. Support on Solon is evidence that people want the change; the official route says what it takes to make it law.