Legislation – Public Authorities (Fraud, Error and Recovery) Act 2025
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There are currently no known outstanding effects for the Public Authorities (Fraud, Error and Recovery) Act 2025, Section 20.
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Part 1Functions exercisable on behalf of public authorities
Chapter 4Methods of recovery
Recovery from bank accounts etc
20Joint accounts
(1)
Before making a direct deduction order in respect of a joint account, the Minister must make an assessment of the liable person’s beneficial interest in the amounts which are or may be in the account from time to time.
(2)
The Minister must presume that the liable person’s beneficial interest entitles them to the following share in the amounts which are or may be in the account from time to time—
where “N” is the number of account holders.
(3)
But the presumption does not apply where the Minister has reason to believe that the liable person’s beneficial interest is different from the presumed share.
(4)
In making an assessment under subsection (1), the Minister must have regard to—
(a)
the bank statements obtained for the account under section 19, and
(b)
any responses to a notice under section 21.