MLR1PP14300 - penalties guidance: calculating penalties: points to consider: size of the penalty

The size of the penalty

When a penalty is appropriate, points to consider:

• what breaches have been identified
• what is the relevant period or periods
• is the business a TCSP/ASP/EAB or MSB/HVD
• are you clear how to establish or determine the culpable turnover or scale charges
• what are the reasons for non-compliance
• have they been charged a penalty for this breach before
• were the breaches disclosed