Paragraph 8 Daily rate penalty for continuing failure to complyF1
The Secretary of State may impose a penalty (a “daily rate penalty”) on a person if—
a fixed penalty has been imposed on the person in relation to a failure to comply with an eligibility verification notice, and
the Secretary of State considers that the person’s failure to comply without reasonable excuse is continuing.
The Secretary of State imposes a daily rate penalty by giving the person a notice of the penalty (a “daily rate penalty notice”).
A daily rate penalty notice must state—
the reason for the penalty,
the daily rate of the penalty, and
that the penalty will be payable in relation to each day by the end of which the person has failed to comply with the eligibility verification notice or such earlier date as may be specified or described in the notice.
The daily rate of a daily rate penalty may not exceed £40.
The Secretary of State may vary or revoke a daily rate penalty notice by giving notice to the person to whom it was given.
The Secretary of State may not impose more than one daily rate penalty in respect of an eligibility verification notice except a periodic eligibility verification notice.
In the case of a periodic eligibility verification notice, the Secretary of State may not impose more than one daily rate 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)