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Childcare Payments Act 2014
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46Penalties for dishonestly obtaining top-up payments, etcU.K.
This section has no associated Explanatory Notes
(1)A person (“P”) is liable to a penalty under this section if—
(a)for the purpose of obtaining a relevant payment for P or another (see subsection (2)), P does, or omits to do, any act, and
(b)P's conduct involves dishonesty.
(2)The following payments are “relevant payments”—
(a)a top-up payment;
(b)a payment from a childcare account.
(3)The amount of the penalty may not exceed—
(a)£3,000, or
(b)the sum of any relevant amounts obtained as mentioned in subsection (1),
whichever is greater.
(4)In subsection (3) “relevant amount” means—
(a)in the case of a top-up payment, the amount of the payment, and
(b)in the case of a payment from a childcare account, an amount equal to the top-up element of the payment.
(For provision about calculating the top-up element of a payment, see section 21.)
(5)Regulations may amend subsection (3)(a) so as to substitute a different amount for the amount for the time being specified there.
(6)Where—
(a)a body corporate is liable to a penalty under this section, and
(b)the liability is attributable (wholly or partly) to the dishonesty of a person falling within subsection (7),
that person (as well as the body corporate) is liable to a penalty under this section.
(7)The persons are—
(a)a director, manager, secretary or similar officer of the body corporate;
(b)any person who was purporting to act in such a capacity.
(8)Where the affairs of a body corporate are managed by its members, subsection (6) applies in relation to the acts and defaults of a member, in connection with that management, as if the member were a director of the body corporate.
(9)Where—
(a)a Scottish firm is liable to a penalty under this section, and
(b)the liability is attributable (wholly or partly) to the dishonesty of a partner of the firm or a person purporting to act as such a partner,
that person (as well as the firm) is liable to a penalty under this section.
Commencement Information
I1S. 46 partly in force at Royal Assent; s. 46 in force for specified purposes at Royal Assent, see s. 75(1)(c)
I2S. 46 in force at 14.11.2016 for the purposes of the trial by S.I. 2016/1083, reg. 2(g)
I3S. 46 in force at 21.4.2017 in so far as not already in force by S.I. 2017/578, reg. 3(e)
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