Commentary on Sections Part 5: Social security: General Section 115: Period for withdrawal of agreement to pay penalty
587.Section 115 amends sections 115A(5) and 115B(6) of SSAA 1992 to reduce the cooling-off period for agreeing to pay a penalty to avoid prosecution, from 28 days to 14 days. The cooling-off period is the time during which a claimant or, in section 115B, an employer, may withdraw from his or her agreement to pay the financial penalty. A withdrawal means that the penalty need not be paid, but also that the Secretary of State’s agreement not to prosecute will no longer apply.