Regulation 2 NoticeI1

the penalty F2... applies to an overpayment which is recoverable under section F369, 69ZB, 69A or 73 of the 1992 Act;

the penalty F4... applies where it appears to the Department or the Housing Executive that the making of the overpayment was attributable to an act or omission by the person and that there are grounds for instituting proceedings for an offence relating to the overpayment;

the penalty is F550 per cent. of the amount of the overpayment (subject to the maximum and minimum amounts in section 109A(3) of the 1992 Act), is payable in addition to repayment of the overpayment and is recoverable by the same methods as those by which the overpayment is recoverable;

a person who agrees to pay a penalty may withdraw the agreement within 28 days (including the date of the agreement) by notifying the Department or the Housing Executive in the manner specified by the Department or the Housing Executive; if the person withdraws the agreement, so much of the penalty as has already been recovered shall be repaid and the person will no longer be immune from proceedings for an offence;

if it is decided on review or appeal (or in accordance with regulations) that the overpayment is not recoverable or due, so much of the penalty as has already been recovered shall be repaid;

if the amount of the overpayment is revised on review or appeal, except as covered by a new agreement to pay the revised penalty, so much of the penalty as has already been recovered shall be repaid and the person will no longer be immune from proceedings for an offence;

the payment of a penalty does not give the person immunity from prosecution in relation to any other overpayment or any offence not relating to an overpayment.

the penalty applies where it appears to the Department or the Housing Executive that there are grounds for instituting proceedings against the person for an offence relating to an act or omission on the part of the person in relation to any benefit;

if an overpayment attributable to the act or omission had been made, the overpayment would have been recoverable under section 69, 69ZB, 69A or 73 of the 1992 Act;

the penalty is £350;

a person who agrees to pay the penalty may withdraw the agreement within 28 days (including the date of the agreement) by notifying the Department or the Housing Executive in the manner specified by the Department or the Housing Executive; if the person withdraws the agreement, so much of the penalty as has already been recovered shall be repaid and the person will no longer be immune from proceedings for an offence;

if it is decided on review or appeal (or in accordance with regulations) that any overpayment attributable to the act or omission would not have been recoverable or due, so much of the penalty as has already been recovered shall be repaid;

the payment of a penalty does not give the person immunity from prosecution in relation to any overpayment or any other offence not relating to an overpayment.

the manner specified by the Department or the Housing Executive by which the person may agree to pay a penalty;

the manner specified by the Department or the Housing Executive by which the person may notify the withdrawal of his agreement to pay a penalty.