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

Part 1
Functions exercisable on behalf of public authorities

Chapter 1 Key concepts

1 Core functions of the Minister for the Cabinet Office

2 Interaction with other public authorities etc

Chapter 2 Investigatory powers

3 Information notices

5 Information sharing

6 Amendment of the Investigatory Powers Act 2016

Powers of entry, search and seizure etc

7 Police and Criminal Evidence Act 1984 etc powers

8 Disposal of property

9 Incidents etc

Chapter 3 Rights to recover

Recovery of recoverable amounts

10 Acting for another public authority

11 Recovery notices

12 Restriction on availability of powers: claimed amounts

Recovery of other amounts

13 Penalties etc

14 Restriction on availability of powers: penalties

Chapter 4 Methods of recovery

15 Payable amounts

Recovery as if payable under a court order

16 Recovery orders

Recovery from bank accounts etc

17 Direct deduction orders

18 Accounts which may be subject to a direct deduction order

19 Requirement for banks to provide information

20 Joint accounts

21 Further requirements before making a direct deduction order

22 Amount of deductions

23 Content and effect of direct deduction orders

24 Bank’s administrative costs

25 Insufficient funds

26 Restrictions on accounts: banks

27 Restrictions on accounts: account holders

28 Applications to vary

31 Further information notices

32 Suspension of direct deduction orders

33 Cessation on death of liable person

36 Meaning of “bank” etc

Deduction from earnings

39 Deduction from earnings orders

40 Content and effect of deduction from earnings orders

41 Requirements before making a deduction from earnings order

42 Amount of deductions

43 The employer’s administrative costs

44 Suspension of deduction from earnings orders

45 Duty to notify the Minister of change of circumstances

46 Applications to vary

Chapter 5 Civil penalties

51 Penalty relating to fraud

52 Application to members etc of bodies

53 Amount of penalty relating to fraud

54 Penalty for failing to comply with requirements

55 Application to members etc of bodies

56 Amount of penalty for failing to comply with requirements

57 Procedural rights

58 Penalty decision notices

59 Reviews and decisions

60 Penalty notices

63 Code of practice

64 Penalties and criminal proceedings or convictions

Chapter 6 General

65 Independent review

66 Independent review: further provision

67 Authorised officers

68 Guidance on exercise of investigatory functions

69 Reports on exercise of functions

70 Record of exercise of functions

71 Disclosure of information etc: interaction with external constraints

72 Crown etc application

73 Public Sector Fraud Authority and transfer of functions

74 Interpretation

Part 2
Social security etc

Chapter 1 Powers to require information

76 Information notices

77 Consequential amendments to the Social Security Fraud Act 2001

78 Eligibility verification

79 Eligibility verification: independent review

Chapter 2 Powers of entry, search and seizure etc

80 Entry, search and seizure in England and Wales

81 Entry, search and seizure in Scotland

82 Entry, search and seizure: Crown application

83 Offence of delay, obstruction etc

84 Disposal of property

85 Amendments to the Criminal Justice and Police Act 2001

86 Incidents etc in England and Wales

87 Incidents etc in Scotland

Chapter 3 Further provision relevant to investigatory powers

88 Devolved benefits

90 Disclosure of information etc: interaction with external constraints

91 Giving notices etc

92 Independent review

Chapter 4 Overpayments: recovery and enforcement

93 Enforcement of non-benefit payments

94 Recovery and enforcement mechanisms

95 Recovery from bank accounts etc

96 Disqualification from driving

97 Code of practice

98 Rights of audience

99 Recovery of costs

100 Recovery: further provision

Chapter 5 Offences, penalties etc

101 Offences: non-benefit payments

102 Penalty as alternative to prosecution: extension to non-benefit payments

103 Amendments to the Social Security Fraud Act 2001: loss of benefits following penalty

104 Powers of Scottish Ministers

Part 3
General

105 Application and limitation

106 Power to make consequential provision

107 Financial provision

109 Commencement

110 Short title

SCHEDULES

Schedule 1 Fraud against public authorities: Police and Criminal Evidence Act 1984 powers

Schedule 2 Public Sector Fraud Authority and transfer of functions

Schedule 3 Eligibility verification etc

Schedule 4 Social security fraud: search and seizure powers etc

Schedule 5 Recovery from bank accounts etc

Schedule 6 Disqualification from driving

Which version?
Latest available (Revised)
Original (As enacted)

Changes to legislation:

There are currently no known outstanding effects for the Public Authorities (Fraud, Error and Recovery) Act 2025, Section 79.

Changes to Legislation

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Part 2Social security etc

Chapter 1Powers to require information

79Eligibility verification: independent review

After section 121DB of the Social Security Administration Act 1992 (inserted by section 78 of this Act) insert—

“121DCIndependent review

(1)

The Secretary of State must appoint an independent person to carry out reviews of the exercise of the Secretary of State’s functions under Schedule 3B (eligibility verification).

(2)

After each review, the independent person must as soon as practicable—

(a)

prepare a report, and

(b)

submit the report to the Secretary of State.

(3)

On receiving a report, the Secretary of State must—

(a)

publish it, and

(b)

lay a copy before Parliament.

(4)

The first review must relate to the period of 12 months beginning with the day on which section 78 of the Public Authorities (Fraud, Error and Recovery) Act 2025 comes fully into force.

(5)

Subsequent reviews must relate to subsequent periods of 12 months.

(6)

Each review must consider the extent to which—

(a)

the Secretary of State’s exercise of powers under Schedule 3B has complied with the requirements of the Schedule and any code of practice in force under Part 5 of the Schedule during the period,

(b)

the actions taken by persons given an eligibility verification notice have complied with the requirements of Schedule 3B, and

(c)

the exercise of the Secretary of State’s powers under Schedule 3B has been effective in assisting in identifying incorrect payments of relevant benefits during the period covered by the review.

(7)

Regulations may confer functions on a person for the purposes of securing compliance with subsections (1) to (6).

121DDIndependent review: further provision

(1)

The Secretary of State must disclose information to the independent person appointed under section 121DC(1), or to a person acting on behalf of the independent person, where the information is reasonably required for the purposes of reviews being carried out under section 121DC.

(2)

Subsection (1) does not authorise the disclosure of information that is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.

(3)

A disclosure of information under subsection (1) (as read subject to subsection (2)) does not breach—

(a)

any obligation of confidence owed by the person making the disclosure, or

(b)

any other restriction on the disclosure of information (however imposed).”