OpenLegislation

Section 53 Amount of penalty relating to fraudI1I2

England and Wales

(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.

Annotations

Commencement

I1

S. 53 not in force at Royal Assent, see s. 109(1)

I2

S. 53 in force at 1.4.2026 by S.I. 2026/371, reg. 2(a)