Section 53 Amount of penalty relating to fraudI1I2
England and Wales
A penalty imposed on a person under section 51(a) may not exceed 100% of the payment to which it relates.
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.
A penalty imposed on a person under section 51(b) may not exceed 100% of—
any loss caused to the public authority, or
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)