Public Authorities (Fraud, Error and Recovery) Act 2025
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Change 1
53 Amount of penalty relating to fraud
(1) A penalty imposed on a person under section 51(a) may not exceed 100% of the payment to which it relates. (2) Where a penalty is imposed under section 51(a) in relation to conduct which does not result in a person receiving a payment, subsection (1) is to be read as if the reference to “the payment” were to the payment which, in the opinion of the Minister, a person would have received if a payment had been made in consequence of the conduct. (3) A penalty imposed on a person under section 51(b) may not exceed 100% of— (a) any loss caused to the public authority, or (b) if higher, the benefit gained by the person, as a result of the fraud in question.
53 Amount of penalty relating to fraud
(1) A penalty imposed on a person under section 51(a) may not exceed 100% of the payment to which it relates. (2) Where a penalty is imposed under section 51(a) in relation to conduct which does not result in a person receiving a payment, subsection (1) is to be read as if the reference to “the payment” were to the payment which, in the opinion of the Minister, a person would have received if a payment had been made in consequence of the conduct. (3) A penalty imposed on a person under section 51(b) may not exceed 100% of— (a) any loss caused to the public authority, or (b) if higher, the benefit gained by the person, as a result of the fraud in question.
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