Legislation – Public Authorities (Fraud, Error and Recovery) Act 2025
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Part 1Functions exercisable on behalf of public authorities
Chapter 4Methods of recovery
Deduction from earnings
41Requirements before making a deduction from earnings order
(1)
Before making a deduction from earnings order in respect of a liable person, the Minister must give the liable person a notice inviting them to make representations about the proposed order.
(2)
The notice must include—
(a)
the terms of the proposed order,
(b)
a statement of the amount that is recoverable, and
(c)
the means by which, and the period within which, representations may be made.
(3)
The period must be at least 28 days beginning with the day after the day on which the notice is given.
(4)
The Minister must—
(a)
consider any representations received in accordance with the notice, and
(b)
in light of those representations—
(i)
decide whether to make a deduction from earnings order in respect of the liable person, and
(ii)
make any changes to the terms of the proposed order that the Minister considers appropriate.
(5)
The Minister must give a copy of a notice under subsection (1) to the liable person’s employer.
(6)
If, following the giving of a notice under subsection (1), the Minister decides not to make the proposed deduction from earnings order, the Minister must, as soon as reasonably practicable—
(a)
give the liable person a notice to that effect, and
(b)
give a copy of the notice to the liable person’s employer.