Article 13 Penalties: fraud, etc.

Northern Ireland

(1)

Where a person fraudulently or negligently—

(a)

makes any incorrect statement or declaration in connection with establishing entitlement to F1statutory paternity pay F2or statutory parental bereavement pay , or

(b)

provides any incorrect information or document of a kind mentioned in regulations under Article 11(1) so far as relating to F3statutory paternity pay F4or statutory parental bereavement pay ,

he shall be liable to a penalty not exceeding £300.

(2)

Where a person fraudulently or negligently—

(a)

makes any incorrect statement or declaration in connection with establishing entitlement to statutory adoption pay F5or statutory shared parental pay , or

(b)

provides any incorrect information or document of a kind mentioned in regulations under Article 11(1) so far as relating to statutory adoption pay F6or statutory shared parental pay ,

he shall be liable to a penalty not exceeding £3,000.

(3)

Where an employer fraudulently or negligently makes incorrect payments of F7statutory paternity pay F8or statutory parental bereavement pay , he shall be liable to a penalty not exceeding £300.

(4)

Where an employer fraudulently or negligently makes incorrect payments of statutory adoption pay F9or statutory shared parental pay , he shall be liable to a penalty not exceeding £3,000.

(5)

Where an employer fraudulently or negligently—

(a)

produces any incorrect document or record, provides any incorrect information or makes any incorrect return, of a kind mentioned in regulations under Article 9, or

(b)

receives incorrect payments in pursuance of regulations under Article 8,

he shall be liable to a penalty not exceeding £3,000 or, if the offence relates only to F10statutory paternity pay F11or statutory parental bereavement pay , £300.

(6)

Schedule 1 (penalties: procedure and appeals) has effect in relation to penalties under this Article.

Annotations

Textual amendments

F1: Words in art. 13(1)(a) substituted (5.4.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), s. 23(1), Sch. 1 para. 6(6)(a) (with s. 14(2)-(5)); S.R. 2015/86, art. 4(2)(e) (with art. 7(2))
F2: Words in art. 13(1)(a) inserted (23.3.2022) by Parental Bereavement (Leave and Pay) Act (Northern Ireland) 2022 (c. 5), ss. 4, 5(5)(6), Sch. Pt. 1 para. 34; S.R. 2022/136, arts. 2, 3
F3: Words in art. 13(1)(b) substituted (5.4.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), s. 23(1), Sch. 1 para. 6(6)(a) (with s. 14(2)-(5)); S.R. 2015/86, art. 4(2)(e) (with art. 7(2))
F4: Words in art. 13(1)(b) inserted (23.3.2022) by Parental Bereavement (Leave and Pay) Act (Northern Ireland) 2022 (c. 5), ss. 4, 5(5)(6), Sch. Pt. 1 para. 34; S.R. 2022/136, arts. 2, 3
F5: Words in art. 13(2)(a) substituted (15.3.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), s. 23(1), Sch. 1 para. 6(6)(b) (with s. 14(2)-(5)); S.R. 2015/86, art. 3(2)(f) (with art. 6(1))
F6: Words in art. 13(2)(b) substituted (15.3.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), s. 23(1), Sch. 1 para. 6(6)(b) (with s. 14(2)-(5)); S.R. 2015/86, art. 3(2)(f) (with art. 6(1))
F7: Words in art. 13(3) substituted (5.4.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), s. 23(1), Sch. 1 para. 6(6)(c) (with s. 14(2)-(5)); S.R. 2015/86, art. 4(2)(e) (with art. 7(2))
F8: Words in art. 13(3) inserted (23.3.2022) by Parental Bereavement (Leave and Pay) Act (Northern Ireland) 2022 (c. 5), ss. 4, 5(5)(6), Sch. Pt. 1 para. 34; S.R. 2022/136, arts. 2, 3
F9: Words in art. 13(4) substituted (15.3.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), s. 23(1), Sch. 1 para. 6(6)(d) (with s. 14(2)-(5)); S.R. 2015/86, art. 3(2)(f) (with art. 6(1))
F10: Words in art. 13(5) substituted (5.4.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), s. 23(1), Sch. 1 para. 6(6)(e) (with s. 14(2)-(5)); S.R. 2015/86, art. 4(2)(e) (with art. 7(2))
F11: Words in art. 13(5) inserted (23.3.2022) by Parental Bereavement (Leave and Pay) Act (Northern Ireland) 2022 (c. 5), ss. 4, 5(5)(6), Sch. Pt. 1 para. 34; S.R. 2022/136, arts. 2, 3