Legislation – Public Authorities (Fraud, Error and Recovery) Act 2025

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Part 2Social security etc

Chapter 1Powers to require information

76Information notices

(1)

The Social Security Administration Act 1992 is amended as follows.

(2)

After section 109B insert—

“109BZAPower to require information about suspected fraud etc

(1)

An authorised officer may give a person (“P”) a written notice (an “information notice”) requiring P to give an authorised officer specified information where the officer—

(a)

has reasonable grounds to suspect that a person has committed, is committing or intends to commit a DWP offence, and

(b)

considers that it is necessary and proportionate to require the specified information for a purpose mentioned in section 109A(2)(c) or (d) (investigating compliance with the relevant social security legislation etc).

(2)

Information may be specified in an information notice only if it relates to a person who is identified (by name or description) in the information notice as—

(a)

the person suspected as mentioned in subsection (1)(a), or

(b)

a member of that person’s family (within the meaning of Part 7 of the Contributions and Benefits Act).

(3)

An authorised officer may require P to give specified information only if the officer has reasonable grounds to suspect that P has or is able to access the information.

(4)

An information notice must set out—

(a)

the identity (by name or description) of the person to whom the information requested relates;

(b)

how, where and the period within which the information must be given;

(c)

information about the consequences of not complying with the notice.

(5)

The power under this section to require P to give information includes power to—

(a)

take copies of or extracts from information;

(b)

require P to provide information in a specified form;

(c)

if any specified information is not given to an authorised officer, require P to state, to the best of P’s knowledge and belief, both where that information is and why it has not been given to an authorised officer.

(6)

Subsection (2E) of section 109B (communications data) applies to an information notice under this section as it applies to a notice under that section.

(7)

In this section—

“information” means information in the form of a document or in any other form;

“specified” means—

(a)

specified, or described, in the information notice, or

(b)

falling within a category that is specified or described in the information notice.

(8)

Nothing in this section limits the powers conferred on the Secretary of State by Schedule 3B.”

(3)

In section 109A (authorisations for investigators)—

(a)

in subsection (1), for “109B and 109C below” substitute “109B to 109C”;

(b)

in subsection (2)(d), at the end insert “or other DWP offences”;

(c)

in subsection (8), for “109B and 109C below” substitute “109B to 109C”.

(4)

In section 109B (power to require information)—

(a)

in the heading, at the end insert “about entitlement etc”;

(b)

in subsection (1)(a) omit “or (2A)”;

(c)

in subsection (1)(b), for “any one or more of the purposes mentioned in section 109A(2) above” substitute “a purpose mentioned in section 109A(2)(a) or (b)”;

(d)

omit the following provisions—

(i)

subsection (2A);

(ii)

subsection (2B);

(iii)

subsection (2C);

(iv)

subsection (2D);

(v)

subsection (5);

(vi)

subsection (6);

(vii)

subsection (7A);

(e)

in subsection (7) omit the definitions of—

(i)

“bank”;

(ii)

“credit”;

(iii)

“insurer”;

(iv)

“residential premises”.

(5)

In section 109BA (power of the Secretary of State to require electronic access to information)—

(a)

in subsection (1)—

(i)

in paragraph (a) omit “falling within section 109B(2A)”;

(ii)

in paragraph (b), for “109A(2)” substitute “109A(2)(c) or (d)”;

(b)

in subsection (2)(b), for “109B above” substitute “109BZA”;

(c)

in subsection (4), for “109B” substitute “109BZA”.

(6)

In section 109C (powers of entry), in subsection (6), for “Subsections (2E) and (5) of section 109B apply for the purposes of this section as they apply” substitute “Subsection (2E) of section 109B applies for the purposes of this section as it applies”.

(7)

In section 190 (Parliamentary control of orders and regulations), in subsection (1) omit paragraph (aza).