Clause 7

by deleting subsections (1), (2) and (3) and substituting the following subsections:“(1) Where any payment has been made by an employer or the Government to an employee, or by the Government to a self-employed person under section 9, 10A, 12A, 12AA, 12AB, 12E, 12H or 12K, as the case may be, by reason of a mistake of fact or in reliance on any false or misleading statement or document made or furnished by that employee or self‑employed person —

the employer (who is not the Government) may, if he has not been reimbursed by the Government for the payment to the employee under section 9, 10A, 12A, 12AA, 12E, 12H or 12K, as the case may be, recover the payment directly from the employee; (b)in the case of a payment made by the employer (who is the Government) or by the Government to an employee under section 9, 10A, 12A, 12AA, 12E, 12H or 12K, as the case may be, the Government may recover the payment or part thereof from the employee as a civil debt; and

the Government may —

where it has reimbursed the employer under section 10, 10A, 12A, 12AD, 12G, 12J or 12K, as the case may be, for the whole or any part of the payment to the employee, recover the payment or part thereof from the employee as a civil debt; or

where the payment is made to a self‑employed person, recover the payment from that person as a civil debt.(2) Where the Government is satisfied that an employer, despite all reasonable efforts to recover under subsection (1)(a) from his employee any payment he made under section 9, 10A, 12A, 12AA, 12E, 12H or 12K to the employee, has been unable to recover the whole or any part of the payment successfully, the Government shall reimburse the employer under section 10, 10A, 12A, 12AD, 12G, 12J or 12K, as the case may be, for the payment or part thereof not recovered by the employer.(3) Where any payment has been made by an employer to an employee under section 12B by reason of a mistake of fact, in reliance on any false or misleading statement or document made or furnished by the employee, or for any childcare leave or extended childcare leave taken by the employee in any relevant period which is in excess of the childcare leave or extended childcare leave to which the employee is entitled under that section for that relevant period —

the employer (who is not the Government) may, if he has not been reimbursed by the Government for the payment to the employee under that section, recover the payment directly from the employee;

the employer (who is the Government) may, if it has made payment to the employee under that section, recover the payment or part thereof from the employee as a civil debt; and

the Government may, where it has reimbursed the employer under section 12C or 12CA, as the case may be, for the whole or any part of the payment to the employee, recover the payment or part thereof from the employee as a civil debt.”;

by inserting, immediately after the words “section 12C” in subsection (4), the words “or 12CA, as the case may be,”;

by deleting the words “section 10, 10A, 12A or 12C” in subsection (6) and substituting the words “section 10, 10A, 12A, 12AD, 12C, 12CA, 12G, 12J or 12K”; and

by inserting, immediately after the words “section 12C(3) or (4)” in subsection (8), the words “or 12CA(3) or (4)”.