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

In the Social Security Administration Act 1992, after section 121D, insert—

“121DZADevolved Benefits

(1)

Subject to subsection (3), powers of the Secretary of State under this Part (including powers of an individual who has the Secretary of State’s authorisation for the purposes of this Part as mentioned in section 109A) are not exercisable in relation to a devolved benefit.

(2)

A benefit is a devolved benefit if functions under this Part are exercisable in relation to the benefit by the Scottish Ministers by virtue of section 53 of the Scotland Act 1998, read with section 32 of the Scotland Act 2016.

(3)

The powers referred to in subsection (1) are exercisable in relation to a devolved benefit where arrangements made under section 93(1) of the Scotland Act 1998 (agency arrangements) have the effect that the Secretary of State is to exercise any functions of the Scottish Ministers under this Part on behalf of the Scottish Ministers in relation to the benefit.”

In the Social Security Administration Act 1992, in section 121DA (interpretation of Part relating to enforcement), in subsection (5), at the end insert—

““DWP offence” means—

(a)

a benefit offence,

(b)

any other offence relating to a benefit or grant in relation to which the Secretary of State with responsibility for social security exercises functions (whether or not the benefit or grant concerns social security),

(c)

an offence relating to the allocation or use of a national insurance number, and

(d)

any attempt or conspiracy to commit an offence within paragraph (b) or (c).”

In Part 6 of the Social Security Administration Act 1992 (enforcement), after section 109G (inserted by section 84 of this Act) insert—

“109HDisclosure of information etc: interaction with external constraints

(1)

This section applies in relation to any provision for the disclosure or obtaining of information made by or under this Part so far as the provision applies in connection with the exercise of powers by or on behalf of the Secretary of State.

(2)

The provision does not require or authorise any 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)

The disclosure of information in accordance with the provision (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).

(4)

The provision does not require or authorise the disclosure or obtaining of information in respect of which a claim to legal professional privilege could be maintained in legal proceedings without the agreement of the person entitled to maintain that claim.

(5)

In the application of subsection (4) in Scotland, the reference to legal professional privilege is to be read as a reference to confidentiality of communications.

(6)

A person may not be required under the provision to give information which tends to incriminate the person or the person’s spouse or civil partner.

(7)

A person who provides services free of charge in relation to social security, housing (including services that involve the provision of accommodation) or debt, may not be required under the provision to give personal data about persons receiving such a service free of charge.

(8)

The provision does not require or authorise the disclosure of—

(a)

journalistic material, or

(b)

excluded material,

within the meanings of the Police and Criminal Evidence Act 1984 (see sections 11 to 13 of that Act).

(9)

But subsections (5) to (9) do not apply in relation to—

(a)

the provisions of the Police and Criminal Evidence Act 1984 as applied by section 109D, and

(b)

Schedule 3ZD.

(10)

In this section “personal data” has the same meaning as in the Data Protection Act 2018 (see section 3(2) of that Act).”

In the Social Security Administration Act 1992, in section 121DA (interpretation of Part relating to enforcement), after subsection (7) insert—

“(8)

In this Part, references to giving a notice or other document (however expressed) include sending the notice or document by post.”