Paragraph 7 Fixed penalty for failure to comply with an eligibility verification noticeF1

(1)

If the Secretary of State considers that a person given an eligibility verification notice—

(a)

has failed to comply with the notice within the period specified, and

(b)

has no reasonable excuse for the failure,

the Secretary of State may impose a penalty (a “fixed penalty”) on the person.

(2)

But the Secretary of State may not impose a fixed penalty before—

(a)

giving the person an opportunity to make representations about their compliance, and

(b)

if the person has sought a review of the notice under paragraph 13, the conclusion of that review.

(3)

The Secretary of State imposes a fixed penalty by giving the person a notice of the penalty (a “fixed penalty notice”).

(4)

A fixed penalty notice must state—

(a)

the reason for the penalty,

(b)

the amount of the penalty, and

(c)

the period within which it must be paid.

(5)

A fixed penalty may not exceed £1,000.

(6)

The Secretary of State may vary or revoke a fixed penalty notice by giving notice to the person to whom it was given.

(7)

The Secretary of State may not impose more than one fixed penalty in respect of an eligibility verification notice except a periodic eligibility verification notice.

(8)

In the case of a periodic eligibility verification notice, the Secretary of State may not impose more than one fixed penalty in respect of each specified interval.

Annotations

Textual amendments

F1: Sch. 3B inserted (2.12.2025 but only for the purposes of making regulations, 2.2.2026 in so far as not already in force) by Public Authorities (Fraud, Error and Recovery) Act 2025 (c. 28), s. 109(2)(b), Sch. 3 Pt. 1 (with s. 105); S.I. 2025/1265, reg. 2(2)(c)