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(c) 35the 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) 40the 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) 45the person has not been charged with an offence or cautioned,
or been given a notice under section 115A, in respect of the
overpayment.

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