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
Deduction from earnings
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.