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
Introduction
15Payable amounts
In this Part, references to a “payable amount” are to—
(b)
an amount within section 13(1).
Recovery as if payable under a court order
16Recovery orders
(1)
The Minister may apply to the county court for a recovery order in respect of a payable amount.
(2)
A recovery order is an order providing that the payable amount is recoverable—
(a)
under section 85 of the County Courts Act 1984, or
(b)
otherwise as if it were payable under an order of the court.
Recovery from bank accounts etc
17Direct deduction orders
(1)
Where a payable amount is recoverable from a liable person who holds an account with a bank, the Minister may make an order (a “direct deduction order”) in respect of that account.
(2)
A direct deduction order must be given to the bank with which the account is held.
(3)
A direct deduction order may be—
(a)
a regular direct deduction order, or
(b)
a lump sum direct deduction order.
(4)
A regular direct deduction order is an order requiring the bank—
(a)
to make regular deductions from the liable person’s account, and
(b)
to pay the amounts deducted to the Minister.
(5)
A lump sum direct deduction order is an order requiring the bank—
(a)
to deduct from the liable person’s account an amount specified in the order, and
(b)
to pay that amount to the Minister.
(6)
The Minister may give a regular direct deduction order and a lump sum direct deduction order in respect of the same account.
(7)
The Minister must give a copy of a direct deduction order to—
(a)
the liable person, and
(b)
in the case of a joint account, each of the other account holders.
(8)
18Accounts which may be subject to a direct deduction order
(1)
The Minister may make a direct deduction order in respect of any account which—
(a)
is held by a liable person, and
(b)
contains an amount in which the Minister considers the liable person has a beneficial interest.
(2)
The Minister may make a direct deduction order in respect of a joint account only if the liable person does not hold a sole account in respect of which a deduction order may be made which would be likely to result in the recovery of the payable amount within a reasonable period of time.
(3)
But subsection (2) does not apply if all the joint account holders are liable persons in relation to the same payable amount.
19Requirement for banks to provide information
(1)
Before the Minister makes a direct deduction order in respect of a liable person’s account, the Minister must obtain and consider bank statements for the account covering a period of at least 3 months.
(2)
To obtain the statements, the Minister must give the bank with which the Minister believes the liable person holds the account a notice (an “account information notice”) requiring the bank to give the Minister statements for the account covering—
(a)
the 3 months immediately before the notice is given, or
(b)
such longer period, ending immediately before the notice is given, as may be specified in the notice.
(3)
An account information notice must—
(a)
contain the name of the liable person, and
(b)
identify the account (for example, by number and sort code).
(4)
The Minister may give an account information notice relating to an account only for the purpose of determining whether to make a direct deduction order in respect of the account.
(5)
At any time, for the purposes of determining whether to make a direct deduction order in relation to a liable person, the Minister may give a notice (a “general information notice”) to a bank requiring the bank to—
(a)
identify every account that the liable person holds with the bank,
(b)
for each identified account, give the Minister the following information—
(i)
a description of the type of account,
(ii)
identifiers for the account,
(iii)
if the account is a sole account, the balance of the account at the time that it is identified, and
(iv)
if the account is a joint account, the name of each other account holder, and
(c)
give the Minister—
(i)
the correspondence address that the bank holds for the liable person, and
(ii)
in the case of a joint account, the correspondence address that the bank holds for each other account holder.
(6)
The Minister may give—
(a)
more than one account information notice, or general information notice, in relation to the same payable amount;
(b)
more than one account information notice in respect of the same account.
(7)
A notice under this section must—
(a)
set out how and when the bank is to comply with the notice, and
(b)
explain that the bank may be liable to a penalty under section 54 if it fails to do so without reasonable excuse.
(8)
The bank must comply with a notice given under this section.
(9)
Subject to subsection (10), a bank that is given an account information notice, or a general information notice, must not notify any of the following people that the notice has been given—
(a)
the liable person;
(b)
any other holder of the account in respect of which an account information notice is given;
(c)
any other holder of an account identified in accordance with a general information notice.
(10)
The prohibition in subsection (9) ceases to apply—
(a)
at the end of the period of 3 months beginning with the day on which the account information notice or general information notice is given to the bank, or
(b)
if earlier, when the bank is given a notice under section 21(1).
(11)
Information given to the Minister in response to a notice under this section may be used by the Minister for the purpose of exercising the core functions but not for any other purpose.
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.
21Further requirements before making a direct deduction order
(1)
Before making a direct deduction order, the Minister must give the bank where the account in question is held, the liable person, and, in the case of a joint account, each of the other account holders, a notice—
(a)
identifying the account that would be subject to the proposed order,
(b)
stating the amount that would be recoverable under the proposed order,
(c)
setting out the terms of the proposed order, and
(d)
if the account is a joint account, setting out the Minister’s duty to make an assessment as to the liable person’s beneficial interest and the presumption that applies (see section 20).
(2)
The notice must invite the liable person and, in the case of a joint account, each other account holder—
(a)
to make representations about the terms of the proposed order, and
(b)
in the case of a joint account, to make representations about the liable person’s beneficial interest in amounts in the account.
(3)
The notice must set out the means by which, and the period within which, representations may be made.
(4)
The period must be at least 28 days beginning with the day after the day on which the notice is given.
(5)
The Minister must—
(a)
consider representations made in accordance with the notice, and
(b)
in light of any representations—
(i)
in the case of a joint account, make the assessment required under section 20(1), and
(ii)
in any case, decide whether, and in what terms, to make a direct deduction order in respect of the account.
(6)
A notice under subsection (1) may be given to the bank before it is given to the other persons to whom it is required to be given under that subsection (and for the effect of giving the notice to the bank see section 26 (restrictions on accounts: banks)).
(7)
Where a notice is given to the bank in reliance on subsection (6), the notice must be given to the other persons as soon as reasonably practicable after being given to the bank.
(8)
If, following the giving of a notice under this section, the Minister decides not to make a direct deduction order, the Minister must, as soon as reasonably practicable, notify the bank, the liable person and, in the case of a joint account, each of the other account holders, of the decision.
22Amount of deductions
(1)
The Minister may make a direct deduction order only if satisfied on the basis of information received by virtue of sections 19 and 21 that the terms of the order—
(a)
will not cause the liable person, any other account holder or a person within subsection (2) to suffer hardship in meeting essential living expenses, and
(b)
are otherwise fair in all the circumstances.
(2)
A person is within this subsection if—
(a)
they live with the liable person, or any other account holder, for some or all of the time, or
(b)
they are financially dependent on the liable person or any other account holder.
(3)
The total amount of deductions to be made under a regular direct deduction order in relation to any period of 28 days must not exceed—
(a)
in a case to which subsection (4) applies, 40% of the relevant amount, and
(b)
in any other case, 20% of the relevant amount.
(4)
This subsection applies in a case where the Minister is satisfied, on the balance of probabilities, that the payable amount to which the regular direct deduction order relates is recoverable from the liable person because the liable person committed fraud.
(5)
For the purposes of subsection (3), the “relevant amount” is the amount that the Minister reasonably expects to be credited to the account in question in (or in respect of) a typical month during the period for which the order will have effect, having regard to all statements given to the Minister in relation to the account (see sections 19(2) and 31(1)).
(6)
The Minister must ensure that the total amount to be deducted and paid to the Minister under a direct deduction order does not exceed the payable amount to which the order relates.
23Content and effect of direct deduction orders
(1)
A regular direct deduction order must specify—
(a)
the amounts to be deducted (see section 22),
(b)
when amounts are to be deducted and paid to the Minister, and
(c)
the penalties that may be imposed for a failure to comply (see section 54).
(2)
A regular direct deduction order may specify different amounts to be deducted at different times.
(3)
A lump sum direct deduction order must specify—
(a)
the amount to be deducted,
(b)
when the amount is to be deducted and paid to the Minister, and
(c)
the penalties that may be imposed for a failure to comply (see section 54).
(4)
A direct deduction order may not require an amount to be deducted from a person’s account before the end of the period of 28 days beginning with the day after the day on which the Minister complies with section 17(7).
(5)
A bank must comply with a direct deduction order.
(6)
If (apart from this subsection) a bank would be required to make a deduction and payment under a direct deduction order on a day that is not a working day, the obligation to make the deduction and payment applies in relation to the next working day after that day.
24Bank’s administrative costs
(1)
A direct deduction order may include provision for the bank to deduct from the liable person’s account an amount specified in, or calculated in accordance with, the order, for the purposes of meeting costs reasonably incurred by the bank in complying with the order.
(2)
A bank may deduct the costs to which they are entitled under a direct deduction order immediately prior to making the deduction which is to be paid to the Minister under the order.
(3)
25Insufficient funds
(1)
Where the amount in an account is lower than the amount to be deducted in accordance with a lump sum direct deduction order at the time that the bank is (apart from this subsection) required to make the deduction—
(a)
no deduction is to be made, and
(b)
the bank must notify the Minister as soon as possible.
(2)
Where the amount in an account is lower than the amount to be deducted in accordance with a regular direct deduction order at the time that the bank is (apart from this subsection) required to make the deduction—
(a)
the order is to be read as requiring the deduction and payment to the Minister to take place on the same day the following week, and
(b)
if, on that day, the amount in the account is lower than the amount to be deducted in accordance with the order—
(i)
no deduction is to be made, and
(ii)
the bank must notify the Minister as soon as possible.
(3)
References in this section to the amount to be deducted in accordance with a direct deduction order include any amounts to be deducted in respect of a bank’s costs by virtue of provision under section 24(1).
26Restrictions on accounts: banks
(1)
Where a notice under section 21(1) (a “pre-deduction notice”) relating to a proposed lump sum direct deduction order, or a lump sum direct deduction order under section 17, is given to a bank in relation to a liable person’s account, the bank must—
(a)
secure that no transaction takes place (except for any deduction under the order) which would result in the amount in the account falling below the specified amount, or, if the amount in the account is already below that amount, falling any further, or
(b)
take the action set out in subsection (2).
(2)
The action is to—
(a)
transfer the specified amount, or the amount in the account if that is less than the specified amount, from the account into a different account (a “hold account”) created by the bank for the sole purpose of holding that transferred amount, and
(b)
secure that no transaction takes place (except for any deduction under the order) which would result in the amount in the hold account falling below the amount transferred.
(3)
Where a bank takes the action set out in subsection (2) in relation to a lump sum direct deduction order, the order is to be read as if it required the deduction to be made from the hold account.
(4)
A bank must ensure that taking the action set out in subsection (2) does not cause any disadvantage to the liable person, and in the case of a joint account, any other account holder, that the liable person, and any other account holder, would not have experienced if the bank had instead acted in accordance with subsection (1)(a).
(5)
The requirements in subsection (1) cease to apply when—
(a)
in relation to a pre-deduction notice, a notice is given to the bank under section 21(8) (notice of decision not to make a direct deduction order), or a direct deduction order is given to the bank under section 17;
(b)
in relation to a direct deduction order—
(i)
all the deductions under the order have been made, or
(ii)
the order is revoked.
(6)
27Restrictions on accounts: account holders
(1)
Where a notice under section 21(1) (a “pre-deduction notice”), or a copy of a direct deduction order under section 17, is given to a person (other than a bank) in relation to an account, they must not do anything to frustrate the effect of the pre-deduction notice or the direct deduction order.
(2)
The requirement in subsection (1) ceases to apply when—
(a)
in relation to a pre-deduction notice, a notice under section 21(8) (notice of decision not to make a direct deduction order), or a copy of a direct deduction order under section 17, is given to the person;
(b)
in relation to a direct deduction order—
(i)
all the deductions under the order have been made, or
(ii)
the order is revoked.
(3)
In subsection (1), the reference to frustrating the effect of a pre-deduction notice is a reference to frustrating the effect of the proposed direct deduction order the terms of which are set out in the notice.
28Applications to vary
(1)
Any holder of an account to which a direct deduction order applies may apply to the Minister to vary the order.
(2)
The Minister must give any other holders of the account an opportunity to make representations in relation to the application.
(3)
The Minister must notify the applicant and any other account holders of the Minister’s decision on the application.
29Variation
(1)
The Minister may vary a direct deduction order (whether on an application by an account holder or otherwise).
(2)
The provisions in this section apply in relation to any variation of a direct deduction order, including one that results from a review under section 34.
(3)
Where the Minister proposes to vary a direct deduction order other than under subsection (7), the Minister must give—
(a)
the liable person, and
(b)
in the case of a joint account, each of the other account holders,
an opportunity to make representations about the proposed variation.
(4)
The Minister may comply with subsection (3) at the same time as complying with section 28(2).
(5)
A variation to a direct deduction order takes effect when the Minister gives the varied order to the bank or, if later, in accordance with the terms of the order as varied.
(6)
The Minister must give a copy of the varied order to the liable person and, in the case of a joint account, each other account holder.
(7)
The Minister may vary a direct deduction order so that the order applies to another account held by the liable person (including an account provided by a different bank) only if—
(a)
the variation is requested by the liable person, and
(b)
if the other account is a joint account, each of the other account holders consents.
(8)
Where a direct deduction order is varied under subsection (7)—
(a)
if the order is varied so that it applies to an account provided by another bank—
(i)
the reference in subsection (5) to “the bank” is to the bank which provides that account, and
(ii)
the Minister must notify the bank given the original order of the effect of the variation, and
(b)
if the order is varied so that it applies to a joint account—
(i)
the requirement in subsection (6) is to give a copy of the order to each other holder of that joint account, and
(ii)
if the original order applied to a joint account, the Minister must notify each other holder of that joint account of the effect of the variation.
(9)
The steps set out in sections 19 to 21 do not apply to a decision to vary a direct deduction order.
30Revocation
(1)
The Minister may revoke a direct deduction order.
(2)
The Minister must revoke a direct deduction order as soon as reasonably practicable after becoming aware that—
(a)
the payable amount has been recovered (whether by the Minister or the public authority on behalf of which the Minister is acting), or
(b)
the liable person to whom the order relates has died.
(3)
Where the Minister revokes a direct deduction order, the Minister must give a notice of the revocation to—
(a)
the bank to which the order was given,
(b)
the liable person (apart from in a case within subsection (2)(b)), and
(c)
in the case of a joint account, each of the other account holders.
31Further information notices
(1)
For the purposes of determining whether to revoke or vary a direct deduction order, the Minister may give a bank a notice (a “further information notice”) requiring the bank—
(a)
to give the Minister statements for an account held by the liable person covering—
(i)
the 3 months immediately before the notice was given, or
(ii)
such longer period, ending immediately before the notice was given, as may be specified in the notice;
(2)
Subsections (6) to (8) and (11) of section 19 apply in relation to a further information notice as they apply in relation to a notice under that section.
(3)
Before giving a further information notice to a bank requiring statements to be given in respect of a joint account, the Minister must notify each account holder other than the liable person—
(a)
that the notice will be given, and
(b)
of the effect of the notice.
(4)
A further information notice may be given to the bank before, at the same time as or after the Minister complies with section 29(3).
32Suspension of direct deduction orders
(1)
The Minister may suspend and re-start the requirement to make deductions and payments under a regular direct deduction order at any time by notifying the bank to which the order was given.
(2)
The Minister must notify the liable person and, in the case of a joint account, each other account holder if the requirement is suspended or re-started under this section.
(3)
Where the requirement is suspended for a continuous period of 2 years the regular direct deduction order in question is to be treated as having been revoked at the end of that period.
(4)
Where a regular direct deduction order is treated as having been revoked by virtue of subsection (3), the Minister must give notice to that effect to—
(a)
the bank to which the order was given,
(b)
the liable person, and
(c)
in the case of a joint account, each of the other account holders.
(5)
Subsection (3) does not prevent the Minister making a further regular direct deduction order in respect of the same liable person and account.
33Cessation on death of liable person
A bank ceases to be subject to a direct deduction order on becoming aware of the liable person’s death.
34Reviews
(1)
This section applies where the Minister—
(a)
makes a direct deduction order,
(b)
varies a direct deduction order, or
(c)
decides not to vary a direct deduction order in response to an application under section 28.
(2)
Any of the following persons (“relevant persons”) may apply to the Minister for a review of the decision to make, to vary or not to vary the order—
(a)
the liable person to whom the order relates, and
(b)
in the case of a joint account, any other account holder.
(3)
An application under subsection (2) must be made before the end of the period of 28 days beginning with the day after the day on which the applicant was—
(a)
given a copy of the order or the order as varied, or
(b)
notified of the decision not to vary the order.
(4)
An application for a review under this section may not be made on, or include, any ground relating to the existence or amount of a payable amount (unless the amount is said to be incorrectly stated in the order).
(5)
Where an application for a review is made under this section, the Minister must review the decision in question.
(6)
On the review, the Minister may—
(a)
uphold the decision,
(b)
vary the order, or
(c)
revoke the order.
(7)
After a review has been carried out, the Minister must notify the applicant and other relevant persons of the outcome of the review.
(8)
See section 29 for provisions about varying a direct deduction order.
35Appeals
(1)
A relevant person may appeal to the First-tier Tribunal against—
(a)
the making of a direct deduction order,
(b)
the variation of a direct deduction order, or
(c)
a refusal to vary a direct deduction order after an application under section 28.
(2)
A relevant person may not appeal under subsection (1) in relation to a direct deduction order unless they have—
(a)
applied for a review of the decision to make, to vary or not to vary the order under section 34, and
(b)
been notified of the outcome of the review.
(3)
Subsection (2) does not apply where a direct deduction order is varied on a review under section 34.
(4)
A relevant person may not bring an appeal under subsection (1) after the end of—
(a)
the period of 28 days beginning with the day after the day on which the person was notified of the outcome of the review, or
(b)
such longer period (if any) as the Tribunal considers reasonable in all the circumstances.
(5)
An appeal under subsection (1) may not be brought on, or include, any ground relating to the existence or amount of a payable amount (unless the amount is said to be incorrectly stated in the order).
(6)
On an appeal under this section, the First-tier Tribunal may suspend the requirement on a bank to comply with a direct deduction order for some or all of the time until the appeal is finally determined.
(7)
On an appeal under subsection (1), the First-tier Tribunal may—
(a)
amend the direct deduction order;
(b)
revoke the direct deduction order;
(c)
dismiss the appeal.
(8)
In this section, “relevant person” has the meaning that it has in section 34.
36Meaning of “bank” etc
(1)
For the purposes of direct deduction orders, “bank” means a person who is authorised—
(a)
to accept deposits, or
(b)
to issue electronic money.
(2)
For the purposes of subsection (1)(a)—
(a)
the reference to accepting deposits is to carrying on the regulated activity of accepting deposits for the purposes of the Financial Services and Markets Act 2000 (see section 22 of that Act and article 5 of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (S.I. 2001/544)), and
(b)
a person is authorised to accept deposits if they are an authorised person or an exempt person in relation to the carrying on of that activity for the purposes of the Financial Services and Markets Act 2000.
(3)
For the purposes of subsection (1)(b), a person is authorised to issue electronic money if—
(a)
the person is an electronic money institution, and
(b)
the person is authorised or registered under Part 2 of the Electronic Money Regulations 2011 (S.I. 2011/99) in relation to carrying on the activity of issuing electronic money.
(4)
In subsection (3), “electronic money” and “electronic money institution” have the meanings given by regulation 2(1) of those Regulations (and references to the issue of electronic money are to be construed in accordance with those Regulations).
(5)
In this Part, references to an amount in an account are to an amount standing to the credit of the account.
(6)
In this Part, references to a person holding an account include references to—
(a)
a person holding an account jointly with one or more other persons,
(b)
a person being a signatory, or one of the signatories, to an account, and
(c)
an account being, in any other way, in the person’s name,
and “holder” is to be read accordingly.
37Deputies
(1)
This section applies where a person (a “deputy”) acts on behalf of an account holder (including a liable person) in relation to their account by virtue of—
(a)
a power of attorney, or
(b)
an appointment by, or an order of, a court.
(2)
The following provisions apply in relation to the deputy of the account holder as they apply in relation to the account holder—
(a)
(b)
(c)
(d)
(e)
(f)
section 29(3), (6) and (8)(b);
(g)
(h)
(i)
section 32(2) or (4);
(j)
(k)
(3)
Section 29(7)(a) and (b) applies in relation to the deputy of the account holder instead of the account holder.
(4)
Subsection (5) applies where—
(a)
a bank is given—
(i)
an account information notice or a general information notice under section 19,
(ii)
a notice under section 21,
(iii)
a further information notice under section 31, or
(iv)
a direct deduction order, and
(b)
a deputy acts on behalf of an account holder of an account to which the notice or order relates.
(5)
The bank must give the Minister the name and correspondence address that it holds for that deputy (unless the bank has already provided that information).
38Regulations
(1)
The Minister may by regulations make further provision about direct deduction orders.
(2)
Regulations under this section may, among other things, make provision about—
(a)
how notices and orders are to be given by the Minister;
(b)
how notices and information are to be given to the Minister;
(c)
the calculation of amounts to be deducted, including—
(i)
about establishing whether deductions would cause a person to suffer hardship in meeting essential living expenses, and
(ii)
about amounts which are, or are not, to be taken into account in calculating the amounts credited to an account for the purposes of section 22(3);
(d)
the duties of banks in relation to direct deduction orders, including before a direct deduction order is made;
(e)
costs which a bank may recover by virtue of section 24 or from the Minister;
(f)
the interaction between direct deduction orders under this Chapter and similar orders under any other enactment.
(3)
Regulations under this section may, among other things, apply sections 17 to 36, as they apply to banks, to other types of person who provide financial products or services (including products or services that operate by reference to cryptoassets or any similar product or service).
(4)
In subsection (3), “cryptoasset” has the meaning given in section 84A of the Proceeds of Crime Act 2002.
(5)
Before making relevant regulations in reliance on subsection (2)(a), (b), (d) or (e) the Minister must consult—
(a)
persons who appear to the Minister to represent the interests of banks, and
(b)
such other persons (if any) as the Minister considers appropriate.
(6)
Before making relevant regulations in reliance on subsection (3), the Minister must consult—
(a)
persons who appear to the Minister to represent the interests of persons to whom provisions about direct deduction orders would be applied by the regulations, and
(b)
such other persons (if any) as the Minister considers appropriate.
(7)
In this section, “relevant regulations” means—
(a)
the first regulations made in reliance on the provisions in question, and
(b)
any subsequent regulations made in reliance on those provisions which—
(i)
impose new duties on banks, or
(ii)
make changes to existing duties or provisions which, in the opinion of the Minister, are more than minor.
(8)
Regulations made in reliance on subsection (3) are subject to the affirmative procedure.
(9)
Any other regulations under this section are subject to the negative procedure.
Deduction from earnings
39Deduction from earnings orders
(1)
Where an amount is recoverable from a liable person who is employed, the Minister may make a deduction from earnings order.
(2)
A deduction from earnings order is an order requiring the liable person’s employer—
(a)
to make deductions from the liable person’s earnings from that employer, and
(b)
pay the amounts deducted to the Minister.
(3)
The Minister may by regulations make provision about the meaning of “earnings” for the purposes of deduction from earnings orders.
(4)
Regulations under this section are subject to the negative procedure.
40Content and effect of deduction from earnings orders
(1)
A deduction from earnings order must set out—
(a)
the amounts to be deducted or a method for calculating those amounts,
(b)
the periods in relation to which those amounts are to be deducted (the “affected periods”),
(c)
when amounts are to be deducted and paid to the Minister, and
(d)
the penalties that may be imposed for a failure to comply (see section 54).
(2)
The Minister must give—
(a)
the deduction from earnings order to the liable person’s employer, and
(b)
a copy of the order to the liable person.
(3)
A deduction from earnings order may not require an amount to be deducted from the liable person’s earnings before the end of the period of 22 days beginning with the day on which the order is given to the employer.
(4)
An employer must comply with a deduction from earnings order.
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.
42Amount of deductions
(1)
The Minister may make a deduction from earnings order only if satisfied that the terms of the order—
(a)
will not cause the liable person or a person within subsection (2) to suffer hardship in meeting ordinary living expenses, and
(b)
are otherwise fair in all the circumstances.
(2)
A person is within this subsection if—
(a)
they live with the liable person for some or all of the time, or
(b)
they are financially dependent on the liable person.
(3)
The amount to be deducted in relation to an affected period must not exceed—
(a)
in a case to which subsection (4) applies, 40% of the liable person’s net earnings for the affected period, and
(b)
in any other case, 20% of the liable person’s net earnings for the affected period.
(4)
This subsection applies in a case where the Minister is satisfied, on the balance of probabilities, that the payable amount to which the deduction from earnings order relates is recoverable from the liable person because the liable person committed fraud.
(5)
The Minister must ensure that the total amount to be deducted and paid to the Minister under a deduction from earnings order does not exceed the payable amount to which the order relates.
(6)
The Minister may by regulations make further provision about the calculation of amounts to be deducted from a liable person’s earnings and paid to the Minister in accordance with a deduction from earnings order.
(7)
The regulations may, among other things, make provision about establishing whether deductions would cause a person to suffer hardship in meeting ordinary living expenses.
(8)
Regulations under this section are subject to the negative procedure.
(9)
In this section, “net earnings” means the person’s earnings after the following have been deducted—
(a)
income tax,
(b)
primary Class 1 national insurance contributions, and
(c)
any contribution that the person pays to a pension scheme.
43The employer’s administrative costs
(1)
A deduction from earnings order may include provision for the employer to which it is given to deduct from the liable person’s earnings an amount specified in, or calculated in accordance with, the order, for the purpose of meeting costs reasonably incurred by the employer in complying with the order.
(2)
(3)
The Minister may by regulations make provision about costs to which subsection (1) relates.
(4)
Regulations under this section are subject to the negative procedure.
44Suspension of deduction from earnings orders
(1)
The Minister may suspend and re-start the requirement to make deductions and payments under a deduction from earnings order at any time by notifying the employer to which the order was given.
(2)
The Minister must notify the liable person if the requirement is suspended or re-started under this section.
(3)
Where the requirement is suspended for a continuous period of 2 years the deduction from earnings order in question is to be treated as having been revoked at the end of that period.
(4)
Where a deduction from earnings order is treated as having been revoked by virtue of subsection (3), the Minister must give notice to that effect to—
(a)
the liable person, and
(b)
the employer to which the order was given.
(5)
Subsection (3) does not prevent the Minister making a further deduction from earnings order in respect of the same liable person.
45Duty to notify the Minister of change of circumstances
(1)
A liable person in respect of whom a deduction from earnings order is in force, must notify the Minister on each occasion that they—
(a)
leave any employment, or
(b)
start a new employment,
within the period of 7 days beginning with the day after the day on which they leave or start the employment.
(2)
If the liable person notifies the Minister that they have started a new employment, they must include a statement of their expected earnings from their new employment.
(3)
A person who—
(a)
becomes the employer of a liable person, and
(b)
knows that a deduction from earnings order is in force in respect of the liable person,
must, within 10 days of the beginning of the liable person’s employment, notify the Minister that they have become the liable person’s employer and include a statement of the liable person’s expected earnings from the employment.
(4)
A person must notify the Minister if a liable person in respect of whom a deduction from earnings order is in force ceases to be in their employment.
(5)
The notification must be given within the period of 10 days beginning with the day after the day on which the liable person leaves the employment.
46Applications to vary
(1)
A liable person may apply to the Minister to vary a deduction from earnings order.
(2)
The Minister must notify the liable person of the Minister’s decision on the application.
47Variation
(1)
The Minister may vary a deduction from earnings order given to an employer (whether on an application by the liable person or otherwise) by—
(a)
giving a revised version of the order to the employer, and
(b)
giving a copy of the revised version to the liable person.
(2)
Where the Minister proposes to vary a deduction from earnings order, the Minister must give the liable person an opportunity to make representations about the proposed variation.
48Revocation
(1)
The Minister may revoke a deduction from earnings order.
(2)
The Minister must revoke a deduction from earnings order if the payable amount to which it relates has been recovered.
(3)
Where the Minister revokes a deduction from earnings order, the Minister must give notice of the revocation to—
(a)
the employer, and
(b)
the liable person.
49Reviews
(1)
This section applies where the Minister—
(a)
makes a deduction from earnings order,
(b)
varies a deduction from earnings order, or
(c)
decides not to vary a deduction from earnings order in response to an application under section 46.
(2)
A liable person may apply to the Minister for a review of the decision to make, to vary or not to vary the order.
(3)
An application under subsection (2) must be made within the period of 28 days beginning with the day after the day on which the liable person was—
(a)
given a copy of the order or the order as varied, or
(b)
notified of the decision not to vary the order.
(4)
An application for a review under subsection (1) may not be brought on, or include, any ground relating to the existence or amount of a payable amount (unless the amount is said to be incorrectly stated in the order).
(5)
Where an application is made under this section, the Minister must review the decision in question.
(6)
On a review, the Minister may—
(a)
uphold the decision,
(b)
vary the order, or
(c)
revoke the order.
(7)
After a review has been carried out, the Minister must—
(a)
notify the liable person of the outcome of the review, and
(b)
if the outcome was to vary the order, give—
(i)
the varied order to the liable person’s employer, and
(ii)
a copy of the varied order to the liable person.
50Appeals
(1)
A liable person may appeal to the First-tier Tribunal against—
(a)
the making of a deduction from earnings order,
(b)
the variation of a deduction from earnings order, or
(c)
a refusal to vary a deduction from earnings order after an application under section 46.
(2)
The liable person may not appeal under subsection (1) unless they have—
(a)
applied for a review of the decision to make, to vary or not to vary the order under section 49, and
(b)
been notified of the outcome of the review.
(3)
Subsection (2) does not apply where a deduction from earnings order is varied on a review under section 49.
(4)
An appeal may not be brought after the end of—
(a)
the period of 28 days beginning with the day after the day on which the liable person was notified of the outcome of the review, or
(b)
such longer period (if any) as the Tribunal considers reasonable in all the circumstances.
(5)
An appeal under subsection (1) may not be brought on, or include, any ground relating to the existence or amount of a payable amount (unless the amount is said to be incorrectly stated in the order).
(6)
On an appeal under this section, the First-tier Tribunal may suspend the requirement on an employer to comply with a deduction from earnings order for some or all of the time until the appeal is finally determined.
(7)
On an appeal under subsection (1), the First-tier Tribunal may—
(a)
amend the deduction from earnings order,
(b)
revoke the deduction from earnings order, or
(c)
dismiss the appeal.