Section 113B — Social Security Administration Act 1992: Statutory sick pay and statutory maternity pay: fraud and negligence

Statutory sick pay and statutory maternity pay: fraud and negligence 113B 1 Where a person fraudulently or negligently—

a makes any incorrect statement or declaration in connection with establishing entitlement to statutory sick pay or statutory maternity pay, or b produces any incorrect document or record or provides any incorrect information of a kind mentioned in—

i regulations under section 5(1)(i) and (5), so far as relating to statutory sick pay or statutory maternity pay, ii regulations under section 130 or 132, or iii regulations under section 153(5)(b) of the Contributions and Benefits Act, he is liable to a penalty not exceeding £3,000.

2 Where an employer fraudulently or negligently makes an incorrect payment of statutory sick pay or statutory maternity pay, he is liable to a penalty not exceeding £3,000.

3 Where an employer fraudulently or negligently receives an overpayment in pursuance of regulations under section 167 of the Contributions and Benefits Act (statutory maternity pay: advance payments to employers), he is liable to a penalty not exceeding £3,000.

4 Schedule 1 to the Employment Act 2002 (penalties relating to statutory paternity pay and statutory adoption pay: procedures and appeals) applies in relation to penalties imposed under this section (with the modifications set out in subsection (5)).

5 That Schedule applies as if—

a references to a penalty under section 11 or 12 of that Act were to a penalty under this section, and b the provisions of the Taxes Management Act 1970 having effect in relation to an appeal mentioned in paragraph 3(2) of that Schedule did not include section 50(9) of that Act.