Section 115D | Failure to disclose information ^F1

(1)A penalty of a prescribed amount may be imposed on a person by the appropriate authority where—

(a)the person, without reasonable excuse, fails to provide information or evidence in accordance with requirements imposed on the person by the appropriate authority in connection with a claim for, or an award of, a relevant social security benefit,

(b)the failure results in the making of an overpayment, and

(c)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 on a person by the appropriate authority where—

(a)the person, without reasonable excuse, fails to notify the appropriate authority of a relevant change of circumstances in accordance with requirements imposed on the person under relevant social security legislation,

(b)the failure results in the making of an overpayment, and

(c)the person has not been charged with an offence or cautioned, or been given a notice under section 115A, in respect of the overpayment.

(3)Where a person is making, or has made, a claim for a benefit for a period jointly with another, and both of them fail as mentioned in subsection (1) or (2), only one penalty may be imposed in respect of the same overpayment.

(4)A penalty imposed under subsection (1) or (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 “relevant change of circumstances”, in relation to a person, means a change of circumstances which affects any entitlement of the person to any benefit or other payment or advantage under any provision of the relevant social security legislation.