Legislation – Public Authorities (Fraud, Error and Recovery) Act 2025
Part 1Functions exercisable on behalf of public authorities
Chapter 5Civil penalties
53Amount of penalty relating to fraud
(1)
A penalty imposed on a person under section 51(a) may not exceed 100% of the payment to which it relates.
(2)
Where a penalty is imposed under section 51(a) in relation to conduct which does not result in a person receiving a payment, subsection (1) is to be read as if the reference to “the payment” were to the payment which, in the opinion of the Minister, a person would have received if a payment had been made in consequence of the conduct.
(3)
A penalty imposed on a person under section 51(b) may not exceed 100% of—
(a)
any loss caused to the public authority, or
(b)
if higher, the benefit gained by the person,
as a result of the fraud in question.