Public Authorities (Fraud, Error and Recovery) Act 2025
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Change 1
102 Penalty as alternative to prosecution: extension to non-benefit payments
(1) Section 115A of the Social Security Administration Act 1992 (penalty as alternative to prosecution) is amended in accordance with subsections (2) to (6). (2) After subsection (1A) insert— (1B) This section also applies where— (a) an overpayment notice has been given to a person (“P”) under section 71ZJ (overpayment notice in relation to non-benefit payment), and (b) in relation to the overpayment notice, the condition in subsection (1C) is met. (1C) The condition in this subsection is met where— (a) the time for P to seek a review of the overpayment notice under section 71ZK has passed without P seeking a review, or (b) if P sought a review of the notice within the time allowed, the review has taken place, and— (i) the period mentioned in section 71ZK(6)(a) for P to appeal against the outcome of the review has passed without P bringing an appeal, or (ii) P’s appeal (including any onward appeal) against the outcome of the review has been withdrawn, abandoned or finally determined. (3) In subsection (2)(a), after “above” insert “, or in relation to the overpayment notice referred to in subsection (1B),”. (4) In subsection (3), after “(1)” insert “or (1B)”. (5) In subsection (8), in the words before paragraph (a), after “section” insert “, except in relation to a case referred to in subsection (1B),”. (6) After subsection (8) insert— (8A) In relation to a case referred to in subsection (1B), “overpayment” has the meaning given in section 71ZI(1). (7) In section 115B of the Social Security Administration Act 1992 (penalty as alternative to prosecution: colluding employers etc), in subsection (2)(b), after “benefit offence” insert “or an offence in relation to an overpayment of a non-benefit payment”.
102 Penalty as alternative to prosecution: extension to non-benefit payments
(1) Section 115A of the Social Security Administration Act 1992 (penalty as alternative to prosecution) is amended in accordance with subsections (2) to (6). (2) After subsection (1A) insert— (1B) This section also applies where— (a) an overpayment notice has been given to a person (“P”) under section 71ZJ (overpayment notice in relation to non-benefit payment), and (b) in relation to the overpayment notice, the condition in subsection (1C) is met. (1C) The condition in this subsection is met where— (a) the time for P to seek a review of the overpayment notice under section 71ZK has passed without P seeking a review, or (b) if P sought a review of the notice within the time allowed, the review has taken place, and— (i) the period mentioned in section 71ZK(6)(a) for P to appeal against the outcome of the review has passed without P bringing an appeal, or (ii) P’s appeal (including any onward appeal) against the outcome of the review has been withdrawn, abandoned or finally determined. (3) In subsection (2)(a), after “above” insert “, or in relation to the overpayment notice referred to in subsection (1B),”. (4) In subsection (3), after “(1)” insert “or (1B)”. (5) In subsection (8), in the words before paragraph (a), after “section” insert “, except in relation to a case referred to in subsection (1B),”. (6) After subsection (8) insert— (8A) In relation to a case referred to in subsection (1B), “overpayment” has the meaning given in section 71ZI(1). (7) In section 115B of the Social Security Administration Act 1992 (penalty as alternative to prosecution: colluding employers etc), in subsection (2)(b), after “benefit offence” insert “or an offence in relation to an overpayment of a non-benefit payment”.
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