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| Rights of employees not to suffer unfair dismissal or other detriment. |
6. Schedule 3 to this Act (rights of employees not to suffer unfair dismissal or other detriment) shall have effect.
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| Powers to obtain information. |
7. - (1) Section 20 of the Taxes Management Act 1970 (power to call for documents etc.), and section 20B of that Act (restrictions on powers) so far as relating to section 20, shall apply in relation to an employer's compliance with regulations under section 5 above as they apply in relation to a person's tax liability or its amount.
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(2) Those sections as they so apply shall have effect as if-
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(a) any reference to the taxpayer, a taxpayer or a class of taxpayers were a reference to the employer, an employer or a class of employers; |
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(b) any reference to any provision of the Taxes Acts were a reference to regulations under section 5 above; |
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(c) any reference to the proper assessment or collection of tax were a reference to the proper award and payment of tax credit; |
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(d) the reference in section 20(8) to the taxpayer with whose liability the inspector or the Board is concerned were a reference to the employer with whose compliance with regulations under section 5 above the inspector or the Board is concerned; |
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(e) the reference in section 20B(2) to an appeal relating to tax were a reference to an appeal relating to compliance with regulations under section 5 above; and |
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(f) the reference in section 20B(6) to reasonable ground for believing that tax has, or may have been, lost to the Crown owing to the fraud of the taxpayer were a reference to reasonable ground for believing that tax credit has, or may have been, incorrectly paid owing to the fraud of the employer. |
| Penalties for fraud etc. and failures to comply. |
8. - (1) Where a person fraudulently or negligently makes any incorrect statement or declaration in connection with a claim for tax credit, he shall be liable to a penalty not exceeding the amount of the difference specified in subsection (2) below.
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(2) The difference is that between-
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(a) the amount of tax credit to which the claimant is or was entitled in the payment period to which the claim relates; and |
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(b) the amount of tax credit to which he would have been so entitled if the statement or declaration had been correct. |
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(3) Where a person-
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(a) fails to furnish any information or evidence in accordance with regulations under section 5(1)(h) or (hh) of the Administration Act so far as relating to tax credit; |
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(b) fails to produce any document or record, or to provide any information, in accordance with regulations under section 5 above; or |
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(c) fails to deliver any document or furnish any particulars in accordance with the provisions applied by section 7(1) above, |
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he shall be liable, subject to section 9 below, to the penalties mentioned in subsection (4) below.
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(4) The penalties are-
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(a) a penalty not exceeding £300; and |
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(b) if the failure continues after a penalty is imposed under paragraph (a) above, a further penalty or penalties not exceeding £60 for each day on which the failure continues after the day on which the penalty under that paragraph was imposed (but excluding any day for which a penalty under this paragraph has already been imposed). |
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(5) Where a person fraudulently or negligently-
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(a) furnishes any incorrect information or evidence of a kind mentioned in regulations under section 5(1)(h) or (hh) of the Administration Act so far as relating to tax credit; |
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(b) produces any incorrect document or record, or provides any incorrect information, of a kind mentioned in regulations under section 5 above; or |
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(c) delivers any incorrect document or furnishes any incorrect particulars of a kind mentioned in the provisions applied by section 7(1) above, |
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he shall be liable to a penalty not exceeding £3,000.
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(6) Where, in the case of any employee-
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(a) an employer refuses or repeatedly fails to make payments of tax credit in accordance with regulations under section 5 above; and |
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(b) the Board cancels the notification of entitlement with a view to the payments being made by officers of the Board, |
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the employer shall be liable to a penalty not exceeding £3,000.
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(7) Where, in the case of any employee, an employer fraudulently or negligently-
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(a) makes or receives incorrect payments in a tax year in pursuance of regulations under section 5 above; or |
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(b) delivers an incorrect return of payments made or received by him in that year in pursuance of such regulations, |
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he shall be liable, subject to section 9 below, to a penalty not exceeding £3,000; but no such penalty shall be imposed in respect of any incorrect payments in respect of which a penalty has been imposed under subsection (6) above.
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(8) In this section "the Administration Act" means the Social Security Administration Act 1992 or the Social Security Administration (Northern Ireland) Act 1992.
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| Penalties: supplementary. |
9. - (1) No penalty shall be imposed-
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(a) under subsection (4) of section 8 above in respect of a failure within subsection (3)(a) or (c) of that section; or |
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(b) under subsection (4)(b) of that section in respect of a failure within subsection (3)(b) of that section, |
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at any time after the failure has been remedied.
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(2) A penalty under section 8(7) above shall not be imposed before the end of the tax year in question; and no more than one such penalty may be imposed (by reference to any one employee) in relation to any tax year.
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(3) Section 118(2) of the Taxes Management Act 1970 (extra time for compliance etc.) shall apply for the purposes of section 8(3) and (6) above as it applies for the purposes of that Act.
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(4) Schedule 4 to this Act (penalties: procedure and appeals) shall have effect.
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| Liability of company directors etc. |
10. - (1) Sections 121C and 121D of the Social Security Administration Act 1992 (liability of directors etc. for company's contributions), and sections 115B and 115C of the Social Security Administration (Northern Ireland) Act 1992 (corresponding provision for Northern Ireland), shall apply in relation to amounts-
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(a) which the Board have paid or credited to a body corporate for the purpose of funding tax credit; and |
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(b) which the body is liable, and has failed, to repay, |
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as they apply in relation to national insurance contributions which a body corporate is liable, and has failed, to pay.
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(2) Those sections as they so apply shall have effect as if-
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(a) any reference to Secretary of State or the Department were a reference to an officer of the Board; |
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(b) any reference to an appeal tribunal constituted under Chapter I of Part I of the Social Security Act 1998 or Chapter I of Part II of the Social Security (Northern Ireland) Order 1998 were a reference to the Special Commissioners; |
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(c) the reference in sections 121C(1)(a) and 115B(1)(a) to the time prescribed for the purpose there mentioned were a reference to the time prescribed for that purpose by regulations made by the Board; and |
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(d) the definitions of "appeal tribunal" in sections 121D(6) and 115C(6) were omitted. |
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(3) Regulations under subsection (2)(c) above shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
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| Disclosure of information. |
11. - (1) Section 182 of the Finance Act 1989 (disclosure of information) shall be amended in accordance with subsections (2) to (5) below.
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(2) In subsection (1)-
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(a) after "tax functions" there shall be inserted ", tax credit functions"; and |
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(b) after paragraph (a) there shall be inserted- |
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"(aa) to working families tax credit or disabled person's tax credit in respect of any identifiable person,". |
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(3) After subsection (2) there shall be inserted-
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"(2AA) In this section "tax credit functions" means the functions relating to working families tax credit or disabled person's tax credit-
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(a) of the Board and their officers, |
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(b) of any person carrying out the administrative work of the General Commissioners or the Special Commissioners, and |
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(c) of any other person providing, or employed in the provision of, services to any person mentioned in paragraph (a) or (b) above." |
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(4) In subsection (4)-
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(a) in paragraph (b), after "tax functions" there shall be inserted ", tax credit functions"; and |
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(b) in paragraph (c), after "tax functions" there shall be inserted ", tax credit functions" and after sub-paragraph (i) there shall be inserted- |
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"(ia) to working families tax credit or disabled person's tax credit in respect of any identifiable person,".
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(5) In subsection (5)(b), after "tax or duty" there shall be inserted ", to working families tax credit or disabled person's tax credit".
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(6) Schedule 5 to this Act (use and exchange of information) shall have effect.
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| Documents and forms. |
12. Documents and forms relating to payment periods beginning before the commencement of this section may be used on and after that date even though they contain references to family credit or disability working allowance.
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