Part 5Social security: general

Penalties as alternative to prosecution

I1114Amount of penalty

1

In section 115A of the Social Security Administration Act 1992 (penalty as alternative to prosecution), for subsection (3) there is substituted—

3

The amount of the penalty in a case falling within subsection (1) is 50% of the amount of the overpayment (rounded down to the nearest whole penny), subject to—

a

a minimum amount of £350, and

b

a maximum amount of £2000.

3A

The amount of the penalty in a case falling within subsection (1A) is £350.

3B

The Secretary of State may by order amend—

a

the percentage for the time being specified in subsection (3);

b

any figure for the time being specified in subsection (3)(a) or (b) or (3A).

2

In section 190 of that Act (parliamentary control of orders and regulations), in subsection (1), before paragraph (za) there is inserted—

zza

an order under section 115A(3B);