Section 115C — Social Security Administration Act 1992: Incorrect statements etc

Incorrect statements etc 115C 1 This section applies where—

a a person negligently makes an incorrect statement or representation, or negligently gives incorrect information or evidence—

i in or in connection with a claim for a relevant social security benefit, or ii in connection with an award of a relevant social security benefit, b the person fails to take reasonable steps to correct the error, c the error results in the making of an overpayment, and d the person has not been charged with an offence or cautioned, or been given a notice under section 115A, in respect of the overpayment.

2 A penalty of a prescribed amount may be imposed by the appropriate authority—

a in any case, on the person;

b in a case where the person (“A”) is making, or has made, a claim for the benefit for a period jointly with another (“B”), on B instead of A.

3 Subsection (2)(b) does not apply if B was not, and could not reasonably be expected to have been, aware that A had negligently made the incorrect statement or representation or given the incorrect information or evidence.

4 A penalty imposed under subsection (2) is recoverable by the appropriate authority from the person on whom it is imposed.

5 Sections 71ZC, 71ZD and 71ZE apply in relation to amounts recoverable by the appropriate authority under subsection (4) as to amounts recoverable by the Secretary of State under section 71ZB (and, where the appropriate authority is not the Secretary of State, those sections so apply as if references to the Secretary of State were to that authority).

6 In this section and section 115D— “ appropriate authority ” means— the Secretary of State, or an authority which administers housing benefit or council tax benefit; “ overpayment ” has the meaning given in section 115A(8), and the reference to the making of an overpayment is to be construed in accordance with that provision; “ relevant social security benefit ” has the meaning given in section 121DA(7).