The Public Sector Fraud and Error (Recovery) Regulations 2026
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Change 1
7 Calculation of the relevant amount
(1) The amounts taken into account in calculating the amounts credited to an account for the purposes of section 22 (3) of the Act (total amount of deductions) must not include— (a) where the account is a personal account— (i) pension, allowances or benefit payable under any enactment relating to social security; (ii) pension or allowances payable in respect of disablement or disability; (iii) guaranteed minimum pension within the meaning of section 8 (2) of the Pension Schemes Act 1993; (iv) working tax credit payable under section 10 of the Tax Credits Act 2002; (b) where the account is a business account, amounts set aside for payroll costs of the liable person or any other account holder. (2) In this regulation, “payroll costs” means costs incurred in connection with the employment of a person by the liable person or any other account holder, including— (a) amounts payable to the employee by way of remuneration; (b) amounts owed by way of accrued holiday remuneration to a person whose employment has been terminated; (c) amounts ordered to be paid by the liable person or any other account holder under the Reserve Forces (Safeguard of Employment) Act 1985; (d) payroll taxes and other employment taxes payable by the liable person or any other account holder; (e) social security contributions payable by the liable person or any other account holder. (3) For the purpose of this regulation, an amount is payable to a person by way of remuneration if it is— (a) payable as wages or salary (whether payable for time or for piece work or earned wholly or partly by way of commission) in respect of services rendered to the liable person or account holder; (b) a guarantee payment under Part III of the Employment Rights Act 1996 (employee without work to do); (c) a payment for time off under section 52 of the Employment Rights Act 1996 (time off to look for work or arrange training) or section 56 (time off for ante-natal care) of that Act or under section 169 of the Trade Union and Labour Relations (Consolidation) Act 1992 (time off for carrying out trade union duties etc.); (d) remuneration on suspension on medical grounds, or on maternity grounds, under Part VII of the Employment Rights Act 1996 (suspension from work); (e) remuneration under a protective award under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 (redundancy dismissal with compensation).
7 Calculation of the relevant amount
(1) The amounts taken into account in calculating the amounts credited to an account for the purposes of section 22 (3) of the Act (total amount of deductions) must not include— (a) where the account is a personal account— (i) pension, allowances or benefit payable under any enactment relating to social security; (ii) pension or allowances payable in respect of disablement or disability; (iii) guaranteed minimum pension within the meaning of section 8 (2) of the Pension Schemes Act 1993; (iv) working tax credit payable under section 10 of the Tax Credits Act 2002; (b) where the account is a business account, amounts set aside for payroll costs of the liable person or any other account holder. (2) In this regulation, “payroll costs” means costs incurred in connection with the employment of a person by the liable person or any other account holder, including— (a) amounts payable to the employee by way of remuneration; (b) amounts owed by way of accrued holiday remuneration to a person whose employment has been terminated; (c) amounts ordered to be paid by the liable person or any other account holder under the Reserve Forces (Safeguard of Employment) Act 1985; (d) payroll taxes and other employment taxes payable by the liable person or any other account holder; (e) social security contributions payable by the liable person or any other account holder. (3) For the purpose of this regulation, an amount is payable to a person by way of remuneration if it is— (a) payable as wages or salary (whether payable for time or for piece work or earned wholly or partly by way of commission) in respect of services rendered to the liable person or account holder; (b) a guarantee payment under Part III of the Employment Rights Act 1996 (employee without work to do); (c) a payment for time off under section 52 of the Employment Rights Act 1996 (time off to look for work or arrange training) or section 56 (time off for ante-natal care) of that Act or under section 169 of the Trade Union and Labour Relations (Consolidation) Act 1992 (time off for carrying out trade union duties etc.); (d) remuneration on suspension on medical grounds, or on maternity grounds, under Part VII of the Employment Rights Act 1996 (suspension from work); (e) remuneration under a protective award under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 (redundancy dismissal with compensation).
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