[F1107AStatutory sick pay and statutory maternity pay: breach of regulationsN.I.
(1)Where a person fails to produce any document or record, or provide any information, in accordance with—
(a)regulations under section 5(1)(j) and (4), so far as relating to statutory sick pay or statutory maternity pay,
(b)regulations under section 122 or 124, or
(c)regulations under section 149(5)(b) [F2or 155B] of the Contributions and Benefits Act,
that person is liable to the penalties mentioned in subsection (2).
(2)The penalties are—
(a)a penalty not exceeding £300, and
(b)if the failure continues after a penalty is imposed under paragraph (a), 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).
(3)Where a person fails to maintain a record in accordance with regulations under section 122 or 124 [F3of this Act, or section 155B of the Contributions and Benefits Act], he is liable to a penalty not exceeding £3,000.
(4)No penalty may be imposed under subsection (1) at any time after the failure concerned has been remedied.
(5)But subsection (4) does not apply to the imposition of a penalty under subsection (2)(a) in respect of a failure to produce any document or record in accordance with regulations under section 122(5) or 124(4).
(6)Where, in the case of any employee, an employer refuses or repeatedly fails to make payments of statutory sick pay or statutory maternity pay in accordance with any regulations under section 5, the employer is liable to a penalty not exceeding £3,000.
(7)Section 118(2) of the Taxes Management Act 1970 (extra time for compliance etc) applies for the purposes of subsections (1), (3) and (6) as it applies for the purposes of that Act.
(8)Schedule 1 to the Employment (Northern Ireland) Order 2002 (penalties relating to statutory paternity pay and statutory adoption pay: procedures and appeals) applies in relation to penalties imposed under this section (with the modifications set out in subsection (9)).
(9)That Schedule applies as if—
(a)references to a penalty under Article 12 or 13 of that Order were to a penalty under this section,
(b)in paragraph 1(2), the reference to Article 12(2)(a) of that Order were to subsection (2)(a) of this section, and
(c)the provisions of the Taxes Management Act 1970 having effect in relation to an appeal mentioned in paragraph 3(2) of that Schedule did not include section 50(9) of that Act.]
Textual Amendments
F1S. 107A - S. 107B inserted (6.4.2005) by National Insurance Contributions and Statutory Payments Act 2004 (c. 3), ss. 10(5), 13; S.I. 2004/1943, art. 4(d)
F2Words in s. 107A(1)(c) inserted (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), ss. 42(2)(a), 87(1) (with ss. 88-90)
F3Words in s. 107A(3) inserted (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), ss. 42(2)(b), 87(1) (with ss. 88-90)
Modifications etc. (not altering text)
C1S. 107A expiry of earlier affecting provision 2020 c. 7, s. 42 (25.3.2022) by Coronavirus Act 2020 (c. 7), s. 89 (with s. 90)