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

“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).”