Legalize / United Kingdom / Public General Act

Social Security Administration Act 1992

Type Public General Act

Publication 1992-02-13

Last updated 2026-04-06

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

[^M_F_081119ec-e11a-4341-99a8-21194d3ad913]: Words in s. 110ZA(2A) substituted (1.4.2026) by Finance Act 2026 (c. 11), s. 250(2), Sch. 22 para. 30

[^M_F_f28e7490-a04c-48f9-ae1b-c0b0c6afb266]: Words in s. 132A(2)(b) substituted (18.3.2026) by Finance Act 2026 (c. 11), s. 250(2), s. 218(3)(b)(i) (with s. 219)

[^M_F_176a0e6c-52ff-4d31-c3ef-0991dae0522f]: Words in s. 132A(2)(b) substituted (18.3.2026) by Finance Act 2026 (c. 11), s. 250(2), s. 218(3)(b)(ii) (with s. 219)

[^M_F_3edd7f18-57a3-4232-9790-90ee8a976423]: Words in s. 132A(2)(a) inserted (18.3.2026) by Finance Act 2026 (c. 11), s. 250(2), s. 218(3)(a) (with s. 219)

Short title, commencement and extent

Universal Credit information

133A

(1) This section applies to information that is held by—

(a) the Secretary of State; or

(b) a person providing services to the Secretary of State, in connection with the provision of those services,

that relates to an award of universal credit.

(2) Information to which this section applies may be supplied to—

(a) a local housing authority;

(b) a licensing authority; or

for use in connection with obtaining a rent repayment order in respect of an award of universal credit or recovering an amount payable under such an order.

(3) For the purposes of this section—

“licensing authority” means a person designated by order under section 3 of the Housing (Wales) Act 2014;

“local housing authority” has the meaning given by section 261 of the Housing Act 2004; and

“rent repayment order” means a rent repayment order as referred to in section 73 or 96 of the Housing Act 2004 or section 32 of the Housing (Wales) Act 2014.

Arrangements for housing benefit

Arrangements for community charge benefits

Persons to report on administration

Payment of subsidy

Rent rebate subsidy: accounting provisions

Short title, commencement and extent

148AC

(1) The Secretary of State must, in each tax year, review the general level of prices in Great Britain and any changes which have taken place during the review period.

(2) In this section “the review period” means the period since the beginning of 6 April 2016.

(3) If on a review it appears to the Secretary of State that the general level of prices has increased during the review period, the Secretary of State must make an order specifying the percentage of the increase.

(4) The percentage specified in the order is the “revaluing percentage” for the purposes of paragraph 6(5) of Schedule 1 to the Pensions Act 2014.

(5) Subsection (3) does not require the Secretary of State to make an order if it appears to the Secretary of State that the effect of the order on amounts calculated in accordance with paragraph 6 of Schedule 1 to the Pensions Act 2014 would be inconsiderable.

(6) If on a review the Secretary of State determines that no order under this section is required, the Secretary of State must lay before Parliament a report explaining the reasons for arriving at that determination.

(7) For the purposes of any review under this section the Secretary of State may estimate the general level of prices in such manner as the Secretary of State thinks fit.

148AD

(1) The Secretary of State must, in each tax year, review the general level of prices in Great Britain and any changes which have taken place.

(2) The Secretary of State must make an order under this section if on a review it appears to the Secretary of State that, having regard to earlier orders under this section, relevant debits or credits have not, during the review period, maintained their value in relation to the general level of prices.

(3) An order under this section is an order directing that, for the purposes of paragraph 3 of each of Schedules 8 and 10 to the Pensions Act 2014, the amount of the relevant debits or credits are to be increased by such percentage of their amount, apart from earlier orders under this section, as the Secretary of State thinks necessary to make up the fall in their value during the review period together with other falls in their value which had been made up by earlier orders under this section.

(4) This section does not require the Secretary of State to direct an increase if it appears to the Secretary of State that the increase would be inconsiderable.

(5) If on a review the Secretary of State determines that no order under this section is required, the Secretary of State must lay before Parliament a report explaining the reasons for arriving at that determination.

(6) For the purposes of any review under this section the Secretary of State may estimate the general level of prices in such manner as the Secretary of State thinks fit.

(7) In this section “relevant debits or credits” means—

(a) a debit under section 49A(2)(a) of the Welfare Reform and Pensions Act 1999 to which a person became subject before the tax year to which the review relates, or

(b) a credit under section 49A(2)(b) of the Welfare Reform and Pensions Act 1999 to which a person became entitled before the tax year to which the review relates.

151A

(1) The Secretary of State must, in each tax year, review the general level of prices in Great Britain and any changes which have taken place.

(2) If on a review it appears to the Secretary of State that the general level of prices has increased during the review period, the Secretary of State must make an order specifying a percentage by which the amounts mentioned in the following provisions of the Pensions Act 2014 are to be increased—

(a) section 9;

(b) paragraph 4(3) of Schedule 2;

(d) paragraphs 5(3) and 6 of Schedule 9.

(3) The percentage specified in the order must not be less than the percentage by which the general level of prices has increased during the review period.

(4) This section does not require the Secretary of State to make an order if it appears to the Secretary of State that the effect of the order on the amounts referred to in subsection (2) would be inconsiderable.

(5) Subject to subsection (5A), an order under this section must be framed so as to bring the increase in question into force in the week beginning with the first Monday in the tax year following that in which the order is made.

(5A) An order under this section must be framed so that any alteration to which the order relates comes into force, for the purposes of determining the amount of universal credit to which a person is entitled, on the relevant day.

(5B) In subsection (5A) “relevant day”, in relation to a person, means the first day of the first universal credit assessment period in respect of the person which begins on or after the Monday of the week specified in subsection (5).

(6) The Secretary of State must lay with a draft order under this section a copy of a report by the Government Actuary or the Deputy Government Actuary giving that Actuary's opinion on the likely effect on the National Insurance Fund.

(7) If a draft order under this section is combined with a draft up-rating order under section 150 or 150A, the report required by virtue of subsection (6) may be combined with that required by virtue of section 150(8) or 150A(5).

(8) For the purposes of any review under this section the Secretary of State may estimate the general level of prices in such manner as the Secretary of State thinks fit.

Expenses in respect of vehicle hire etc.

15B

(1) This section applies where—

(a) a relevant benefit component is payable in respect of a person (“the beneficiary”),

(b) an agreement has been entered into by or on behalf of the beneficiary with a relevant provider for the lease or hire purchase of a motor vehicle, and

(c) by virtue of regulations under section 5(1), the Secretary of State pays all or part of the relevant benefit component to the relevant provider for the purpose of discharging, in whole or in part, an obligation of the beneficiary under the agreement.

(2) Regulations may make provision—

(a) for the expenses of the Secretary of State in administering the making of payments to relevant providers to be defrayed, in whole or in part, at the expense of relevant providers, whether by requiring them to pay prescribed fees or by deducting and retaining a prescribed part of the payments that would otherwise be made to them or by such other method as may be prescribed;

(b) for the recovery from a relevant provider of any fees or other sums due from that provider under paragraph (a).

(3) In this section—

“relevant benefit component” means—the mobility component of disability living allowance, if it is payable at the higher rate (see section 73(11)(a) of the Contributions and Benefits Act), orthe mobility component of personal independence payment, if it is payable at the enhanced rate (see section 79(2) of the Welfare Reform Act 2012);

“relevant provider” means a person whose business consists of or includes the supply by way of lease or hire purchase of motor vehicles to persons in respect of whom a relevant benefit component is payable.

116ZA

(1) This section applies to an authority administering housing benefit or council tax benefit.

(2) The authority may not bring proceedings against a person for a benefit offence relating to either of those benefits unless—

(a) the authority has already started an investigation in relation to that person in respect of the offence,

(b) in a case where the proceedings relate to housing benefit, the authority has already started an investigation in relation to the person in respect of a benefit offence relating to council tax benefit, or has already brought proceedings against the person in respect of such an offence,

(c) in a case where the proceedings relate to council tax benefit, the authority has already started an investigation in relation to the person in respect of a benefit offence relating to housing benefit, or has already brought proceedings against the person in respect of such an offence,

(d) the proceedings arise in prescribed circumstances or are of a prescribed description, or

(e) the Secretary of State has directed that the authority may bring the proceedings.

(3) The Secretary of State may direct that in prescribed circumstances, an authority may not bring proceedings by virtue of subsection (2)(a), (b) or (c) despite the requirements in those provisions being met.

(4) A direction under subsection (2)(e) or (3) may relate to a particular authority or description of authority or to particular proceedings or any description of proceedings.

(5) If the Secretary of State prescribes conditions for the purposes of this section, an authority may bring proceedings in accordance with this section only if any such condition is satisfied.

(6) The Secretary of State may continue proceedings which have been brought by an authority in accordance with this section as if the proceedings had been brought in his name or he may discontinue the proceedings if—

(a) the proceedings were brought by virtue of subsection (2)(a), (b) or (c),

(b) he makes provision under subsection (2)(d) which has the effect that the authority would no longer be entitled to bring the proceedings in accordance with this section,

(d) a condition prescribed under subsection (5) ceases to be satisfied in relation to the proceedings.

(7) In exercising a power to bring proceedings in accordance with this section, a local authority must have regard to the Code for Crown Prosecutors issued by the Director of Public Prosecutions under section 10 of the Prosecution of Offences Act 1985—

(a) in determining whether the proceedings should be instituted;

(b) in determining what charges should be preferred;

(d) in determining whether to discontinue proceedings.

(8) Regulations shall define “an investigation in respect of a benefit offence” for the purposes of this section.

(9) This section does not apply to Scotland.

1B

The reference in Part 1 of this Schedule to the Scottish Administration is a reference to that Administration only to the extent that the functions carried out by persons in its employ—

(a) relate to social security, or

(b) are, or are connected with, functions of the First-tier Tribunal or Upper Tribunal which relate to social security or to occupational or personal pension schemes or to war pensions or functions of the Chief, or any other, Social Security Commissioner.

Benefit cap

3A

Regulations under section 96A of the Welfare Reform Act 2012.

Regulations as to determination of questions and matters arising out of, or pending, reviews and appeals

Diversion of arrested earnings to Secretary of State-Scotland

80C

Schedule 3ZA (recovery from bank accounts) makes provision for a recoverable amount to be recoverable directly from a person’s bank account.

109I

(1) The Secretary of State must appoint an independent person to carry out reviews of the exercise of functions under sections 109A to 109H and Schedule 3ZD (“investigative functions”) by or on behalf of the Secretary of State.

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

(a) prepare a report on the review, 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) Each review must consider the extent to which —

(a) investigative functions have been exercised in compliance with the requirements of provisions mentioned in subsection (1), relevant codes of practice and relevant guidance, and

(b) the exercise of those functions has been effective in meeting the purposes set out in section 109A(2).

(5) Each report must contain any recommendations which the independent person considers appropriate in light of the review to which it relates.

(6) In subsection (4)(a), “relevant codes of practice” and “relevant guidance” mean codes of practice and guidance to which the Secretary of State must have regard in exercising investigative functions.

109J

(1) The Secretary of State may give the independent person appointed under section 109I(1) directions as to the period to be covered by each review under section 109I.

(2) The Secretary of State must consult the independent person before giving a direction under subsection (1).

(3) The Secretary of State may disclose information to the independent person, or to a person acting on behalf of the independent person, for the purposes of reviews being carried out under section 109I.

(4) Regulations may confer functions on a person for the purposes of securing compliance with section 109I.

(5) The Secretary of State may comply with the duty in section 109I(1) by appointing different independent persons to carry out reviews in relation to the exercise of investigative functions—

(a) in England and Wales, and

(b) in Scotland.

Eligibility verification

121DB

Schedule 3B makes provision about a power for the Secretary of State to obtain information for the purposes of assisting in identifying incorrect payments of certain benefits.

121DC

(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).

121DD

(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).

Schedule 3ZA

Part 1 — deductions from accounts

1

(1) Where an amount is recoverable from a liable person who holds an account with a bank, the Secretary of State 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;

(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 Secretary of State.

(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 Secretary of State.

(6) The Secretary of State may give a regular direct deduction order and a lump sum direct deduction order in respect of the same account.

(7) The Secretary of State 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) Paragraphs 3 to 5 set out steps that the Secretary of State must take before making a direct deduction order.

2

(1) The Secretary of State 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 Secretary of State considers the liable person has a beneficial interest.

(2) The Secretary of State 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 direct deduction order may be made which would be likely to result in the recovery of the recoverable amount within a reasonable period of time.

(3) But sub-paragraph (2) does not apply if all the holders of a joint account are liable persons in relation to the same recoverable amount.

3

(1) Before the Secretary of State makes a direct deduction order in respect of a liable person’s account, the Secretary of State must obtain and consider bank statements for the account covering a period of at least 3 months.

(2) To obtain the statements, the Secretary of State must give the bank with which the Secretary of State believes the liable person holds the account a notice (an “account information notice”) requiring the bank to give the Secretary of State 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 Secretary of State 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 Secretary of State 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 Secretary of State 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 date that it is identified, and

(iv) if the account is a joint account, the name of each other account holder, and

(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 Secretary of State may give—

(a) more than one account information notice, or general information notice, in relation to the same recoverable amount;

(b) more than one account information notice in respect of the same account.

(7) A notice under this paragraph must—

(a) set out how and when the bank must comply with the notice, and

(b) explain that the bank may be liable to a penalty under paragraph 20 if it fails to do so without reasonable excuse.

(8) The bank must comply with a notice given under this paragraph.

(9) Subject to sub-paragraph (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;

(10) The prohibition in sub-paragraph (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 paragraph 5(1).

(11) Information given to the Secretary of State in response to a notice under this paragraph may be used by the Secretary of State for purposes connected with the Secretary of State’s functions under this Part of this Act, but not for any other purpose.

4

(1) Before making a direct deduction order in respect of a joint account, the Secretary of State 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 Secretary of State must presume that the liable person’s beneficial interest entitles them to the following share in any amounts which are or may be in the account from time to time—

$$1N$where “N” is the number of account holders.$

(3) But the presumption does not apply where the Secretary of State has reason to believe that the liable person’s beneficial interest is different from the presumed share.

(4) In making an assessment under sub-paragraph (1), the Secretary of State must have regard to—

(a) the bank statements obtained for the account under paragraph 3, and

(b) any responses to a notice under paragraph 5.

5

(1) Before making a direct deduction order, the Secretary of State 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,

(d) if the account is a joint account, setting out the Secretary of State’s duty to make an assessment as to the liable person’s beneficial interest and the presumption that applies (see paragraph 4), and

(e) identifying, for the benefit of the liable person, the recoverable amount to which the order relates.

(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 a period of at least 1 month beginning with the day after the day on which the notice is given.

(5) The Secretary of State 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 paragraph 4(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 sub-paragraph (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 sub-paragraph (and for the effect of giving the notice to the bank see paragraph 11 (restrictions on accounts)).

(7) Where a notice is given to the bank in reliance on sub-paragraph (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 paragraph, the Secretary of State decides not to make a direct deduction order, the Secretary of State must, as soon as reasonably practicable, notify every person given a notice under sub-paragraph (1) of the decision.

6

(1) The Secretary of State may make a direct deduction order only if satisfied on the basis of information received by virtue of paragraphs 3 and 5 that the terms of the order—

(a) will not cause the liable person, any other account holder, or any person within sub-paragraph (2) to suffer hardship in meeting essential living expenses, and

(b) are otherwise fair in all the circumstances.

(2) A person is within this sub-paragraph 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 1 month must not exceed 40% of the relevant amount.

(4) For the purposes of sub-paragraph (3), the “relevant amount” is the amount that the Secretary of State 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 Secretary of State in relation to the account (see paragraphs 3(2) and 15(1)).

(5) The Secretary of State must ensure that the amount to be deducted and paid to the Secretary of State under a direct deduction order does not exceed the recoverable amount to which the order relates.

7

(1) A regular direct deduction order must specify—

(a) the amounts to be deducted (see paragraph 6),

(b) when those amounts are to be deducted and paid to the Secretary of State, and

(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 Secretary of State, and

(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 1 month beginning with the day after the day on which the Secretary of State complies with paragraph 1(7).

(5) A bank must comply with a direct deduction order.

8

(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 Secretary of State under the order.

(3) In complying with paragraph 6(1) and (3) in relation to a direct deduction order the Secretary of State must take account of any deductions to be made under the order by virtue of sub-paragraph (1).

9

(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 sub-paragraph) required to make the deduction—

(a) no deduction is to be made, and

(b) the bank must notify the Secretary of State 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 sub-paragraph) required to make the deduction—

(a) the order is to be read as requiring the deduction and payment to the Secretary of State 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 Secretary of State as soon as possible.

(3) References in this paragraph 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 paragraph 8(1).

10

(1) If (apart from this paragraph) 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.

(2) In this paragraph, “working day” means any day other than—

(a) Saturday or Sunday, or

(b) a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom.

11

(1) Where a notice under paragraph 5 (a “pre-deduction notice”) relating to a proposed lump sum direct deduction order, or a lump sum direct deduction order under paragraph 1, 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 sub-paragraph (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 sub-paragraph (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 sub-paragraph (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 sub-paragraph (1)(a).

(5) The requirements in sub-paragraph (1) cease to apply when—

(a) in relation to a pre-deduction notice, a notice is given to the bank under paragraph 5(8) (notice of decision not to make a direct deduction order) or a direct deduction order is given to the bank under paragraph 1;

(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) In this paragraph, “specified” means specified in a pre-deduction notice or direct deduction order.

12

(1) Any holder of an account to which a direct deduction order applies may apply to the Secretary of State to vary the order.

(2) The Secretary of State must give any other holders of the account an opportunity to make representations in relation to the application.

(3) The Secretary of State must notify the applicant and any other account holders of the Secretary of State’s decision on the application.

13

(1) The Secretary of State may vary a direct deduction order (whether after an application by an account holder or otherwise).

(2) The provisions in this paragraph apply in relation to any variation of a direct deduction order, including one that results from a review under paragraph 18.

(3) Where the Secretary of State proposes to vary a direct deduction order other than under sub-paragraph (7), the Secretary of State 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 Secretary of State may comply with sub-paragraph (3) at the same time as complying with paragraph 12(2).

(5) A variation to a direct deduction order takes effect when the Secretary of State gives the varied order to the bank or, if later, in accordance with the terms of the order as varied.

(6) The Secretary of State must give a copy of the varied order to the liable person and, in the case of a joint account holder, each other account holder.

(7) The Secretary of State may vary a direct deduction order so that the order applies to another account held by the liable person (including an account administered 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 sub-paragraph (7)—

(a) if the order is varied so that it applies to an account administered by another bank—

(i) the reference in sub-paragraph (5) to “the bank” is to the bank which administers that account, and

(ii) the Secretary of State 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 sub-paragraph (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 Secretary of State must notify each other holder of that joint account of the effect of the variation.

(9) The steps set out in paragraphs 3 to 5 do not apply to a decision to vary a direct deduction order.

14

(1) The Secretary of State may revoke a direct deduction order.

(2) The Secretary of State must revoke a direct deduction order as soon as reasonably practicable after becoming aware that—

(a) the recoverable amount has been recovered, or

(b) the liable person to whom the order relates has died.

(3) Where the Secretary of State revokes a direct deduction order, the Secretary of State 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 sub-paragraph (2)(b)), and

15

(1) For the purposes of determining whether to revoke or vary a direct deduction order, the Secretary of State may give a bank a notice (a “further information notice”) requiring the bank—

(a) to give the Secretary of State 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;

(b) to take the steps set out in paragraphs (a) to (c) of paragraph 3(5).

(2) Sub-paragraphs (6) to (8) and (11) of paragraph 3 apply in relation to a further information notice as they apply in relation to a notice under that paragraph.

(3) Before giving a further information notice to a bank requiring statements to be given in respect of a joint account, the Secretary of State 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 Secretary of State complies with paragraph 13(3).

16

(1) The Secretary of State 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 Secretary of State 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 paragraph.

(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 sub-paragraph (3), the Secretary of State must give notice to that effect to—

(a) the bank to which the order was given,

(b) the liable person, and

(5) Sub-paragraph (3) does not prevent the Secretary of State making a further regular direct deduction order in respect of the same liable person and account.

17

A bank ceases to be subject to a direct deduction order on becoming aware of the liable person’s death.

18

(1) This paragraph applies where the Secretary of State—

(a) makes a direct deduction order,

(b) varies a direct deduction order, or

(2) Any of the following persons (“relevant persons”) may apply to the Secretary of State 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 sub-paragraph (2) must be made before the end of the period of 1 month 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 paragraph may not be made on, or include, any ground relating to the existence or amount of a recoverable amount (unless the amount is said to be incorrectly stated in the order).

(5) On a review, the Secretary of State may—

(a) uphold the decision,

(b) vary the order, or

(6) After a review has been carried out, the Secretary of State must notify the applicant and other relevant persons of the outcome of the review.

(7) See paragraph 13 for provisions about varying a direct deduction order.

19

(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

(2) A relevant person may not appeal under sub-paragraph (1) in relation to a matter within paragraph (a), (b) or (c) of that sub-paragraph unless they—

(a) made representations in accordance with paragraph 5, 12 or 13 (or, in relation to a variation of a direct deduction order, requested the variation), or

(b) sought a review under paragraph 18,

in relation to the matter.

(3) Sub-paragraph (2) does not apply where a direct deduction order is varied on a review under paragraph 18.

(4) An appeal under sub-paragraph (1) may not be brought after the end of—

(a) the period of 1 month beginning with the day after the day on which the appellant was—

(i) given a copy of the direct deduction order, or the varied direct deduction order, in a case within sub-paragraph (1)(a) or (b), or

(ii) notified under paragraph 12(3) or, where a review was sought, paragraph 18(6), in a case within sub-paragraph (1)(c), or

(b) such longer period (if any) as the Tribunal considers reasonable in all the circumstances.

(5) An appeal under sub-paragraph (1) may not be made on, or include, any ground relating to the existence or amount of a recoverable amount (unless the amount is said to be incorrectly stated in the order).

(6) Where a relevant person appeals under this paragraph in relation to a direct deduction order, the First-tier Tribunal may suspend the requirement on the bank to which the order has been given to give effect to the order for some or all of the time until the appeal (including any onward appeal) is withdrawn, abandoned or finally determined.

(7) On an appeal under sub-paragraph (1), the First-tier Tribunal may—

(a) amend the direct deduction order;

(b) revoke the direct deduction order;

(8) In this paragraph, “relevant person” has the meaning that it has in paragraph 18.

Part 2 — Penalties

20

(1) If the Secretary of State has reasonable grounds to believe that a bank—

(a) has failed to comply with a requirement imposed by or under this Schedule, and

(b) has no reasonable excuse for the failure,

the Secretary of State may impose on the bank a penalty of £500.

(2) The Secretary of State may not impose a penalty before giving the bank an opportunity to make representations about their compliance.

(3) The Secretary of State imposes a penalty by giving the bank a notice of the penalty (a “penalty notice”).

(4) A penalty notice must state—

(a) the amount of the penalty,

(b) the period within which it must be paid, and

(5) The Secretary of State may vary or revoke a penalty notice by giving a notice to that effect to the bank.

21

(1) In England and Wales, a penalty imposed under this Part of this Schedule is recoverable—

(a) if the county court so orders, as if it were payable under an order of that court;

(b) if the High Court so orders, as if it were payable under an order of that court.

(2) In Scotland, a penalty imposed under this Part of this Schedule may be enforced in the same manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.

22

(1) A bank on which a penalty is imposed under paragraph 20 may appeal to the First-tier Tribunal against the imposition of the penalty.

(2) An appeal under sub-paragraph (1) may not be brought after the end of—

(a) the period of 1 month beginning with the date on which the penalty notice in relation to the penalty being appealed was given, or

(b) such longer period (if any) as the Tribunal considers reasonable in all the circumstances.

(3) On an appeal under sub-paragraph (1) the Tribunal may confirm or quash the decision to impose the penalty.

(4) If an appeal is brought under sub-paragraph (1), the penalty which is the subject of the appeal is not payable until the appeal (including any onward appeal) is determined or withdrawn.

Part 3 — General

23

(1) This paragraph 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) paragraph 1(7);

(b) paragraph 3(9);

(d) paragraph 11(1);

(e) paragraph 12;

(f) paragraph 13(3), (6) and (8)(b);

(g) paragraph 14(3);

(h) paragraph 15(3);

(i) paragraph 16(2) or (4);

(j) paragraph 18;

(k) paragraph 19.

(3) Paragraph 13(7)(a) and (b) applies in relation to the deputy of the account holder instead of the account holder.

(4) Sub-paragraph (5) applies where—

(a) a bank is given—

(i) an account information notice or a general information notice under paragraph 3,

(ii) a notice under paragraph 5,

(iii) a further information notice under paragraph 15, 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 Secretary of State the name and correspondence address that it holds for that deputy (unless the bank has already provided that information).

24

(1) In this Schedule—

“bank” means a person who is authorised—to accept deposits, orto issue electronic money;

“direct deduction order” means a regular direct deduction order or a lump sum direct deduction order;

“joint account” means an account held by more than one person;

“lump sum direct deduction order” has the meaning given by paragraph 1(5);

“regular direct deduction order” has the meaning given by paragraph 1(4);

“sole account” means an account held by one person.

(2) For the purposes of paragraph (a) in the definition of “bank” in sub-paragraph (1)—

(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 paragraph (b) in the definition of “bank” in sub-paragraph (1), 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 sub-paragraph (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 Schedule, references to an amount in an account are to an amount standing to the credit of the account.

(6) In this Schedule, 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

and “holder” is to be read accordingly.

25

(1) Regulations may make further provision about direct deduction orders.

(2) Regulations under this paragraph may, among other things, make provision—

(a) about how notices and orders are to be given by the Secretary of State under this Schedule;

(b) about how notices and information are to be given to the Secretary of State under this Schedule;

(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 paragraph 6(3);

(d) setting a maximum percentage that is less than 40% for the purposes of paragraph 6(3) in some or all cases;

(e) amending the amount for the time being specified in paragraph 20(1) to reflect a change in the value of money;

(f) about the duties of banks in relation to direct deduction orders, including before a direct deduction order is made;

(g) about costs which a bank may recover by virtue of paragraph 8 or from the Secretary of State;

(h) about the interaction between direct deduction orders under this Schedule and similar orders under any other enactment.

(3) Regulations under this paragraph may, among other things, apply this Schedule, as it applies 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 sub-paragraph (3), “cryptoasset” has the meaning given in section 84A of the Proceeds of Crime Act 2002.

(5) Before making relevant regulations in reliance on sub-paragraph (2)(a), (b), (f) or (g), the Secretary of State must consult—

(a) persons who appear to the Secretary of State to represent the interests of banks, and

(b) such other persons (if any) as the Secretary of State considers appropriate.

(6) Before making relevant regulations in reliance on sub-paragraph (3), the Secretary of State must consult—

(a) persons who appear to the Secretary of State 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 Secretary of State considers appropriate.

(7) In this paragraph, “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 Secretary of State, are more than minor.

Schedule 3ZB

1

(1) This Schedule applies where—

(a) the Secretary of State has sought to recover a recoverable amount from a liable person, and

(b) some or all of the amount has not been recovered.

(2) Where the amount still to be recovered is at least £1,000, the Secretary of State may apply to the court for a suspended DWP disqualification order (but see sub-paragraph (7)).

(3) A suspended DWP disqualification order is an order—

(a) setting out terms of repayment with which the liable person must comply, and

(b) stating that the liable person may be subject to an immediate DWP disqualification order if the person fails to comply with the terms of repayment.

(4) Subject to sub-paragraph (6), the court must make a suspended DWP disqualification order if the court is satisfied, on the balance of probabilities, that the liable person has, without reasonable excuse, not paid the recoverable amount.

(5) The terms of repayment must include terms for the payment of any costs awarded by the court to the Secretary of State relating to the order.

(6) The court may not make a suspended DWP disqualification order if the court considers that the liable person—

(a) needs a driving licence to earn a living, or

(b) has another essential need for a driving licence.

(7) The Secretary of State may apply for a second or subsequent suspended DWP disqualification order in relation to a recoverable amount even if the amount still to be recovered has fallen to less than £1,000.

(8) A suspended DWP disqualification order ceases to have effect when—

(a) revoked under paragraph 4, or

(b) the Secretary of State has recovered the whole of the recoverable amount and the costs mentioned in sub-paragraph (5) from the liable person.

(9) Before determining an application under this paragraph the court must give the Secretary of State and the liable person an opportunity to be heard.

(10) In this Schedule—

“the court” means—in England and Wales, a magistrates’ court, andin Scotland, a sheriff or a summary sheriff;

“driving licence” means a licence to drive a motor vehicle granted under Part 3 of the Road Traffic Act 1988.

2

(1) Subject to sub-paragraph (6), if a liable person fails to comply with terms of repayment in a suspended DWP disqualification order, the Secretary of State may apply to the court for an immediate DWP disqualification order.

(2) An immediate DWP disqualification order is an order—

(a) setting out terms of repayment with which the liable person must comply, and

(b) disqualifying the liable person from holding or obtaining a driving licence for such period as the court considers likely to result in the person paying the recoverable amount to the Secretary of State.

(3) Subject to sub-paragraph (5), if the court is satisfied on the balance of probabilities that the liable person has failed, without reasonable excuse, to comply with terms of repayment in a suspended DWP disqualification order, the court must make an immediate DWP disqualification order on an application under sub-paragraph (1).

(4) The period mentioned in sub-paragraph (2)(b) may not be longer than 2 years beginning with the day on which the order is made.

(5) The court may not make an immediate DWP disqualification order if the court is of the opinion that the liable person—

(a) needs a driving licence to earn a living, or

(b) has another essential need for a driving licence.

(6) Where the terms of repayment provide for repayment in instalments, the failure to pay a single instalment is not to be regarded as a failure to comply with the terms unless the liable person fails to repay the entire recoverable amount by the time the final instalment is due.

(7) The Secretary of State may apply for more than one immediate DWP disqualification order in relation to the same suspended DWP disqualification order.

(8) Before determining an application under this paragraph the court must give the Secretary of State and the liable person an opportunity to be heard.

3

The court must be satisfied that the terms of repayment set out in a suspended or immediate DWP disqualification order are ones with which the liable person has the means to comply.

4

(1) On an application by the liable person or the Secretary of State, the court may, where some of the recoverable amount to which a suspended or immediate DWP disqualification order relates has been recovered, make an order varying, or revoking, a suspended or immediate DWP disqualification order.

(2) But the court may revoke a suspended or immediate DWP disqualification order in reliance on sub-paragraph (1) only where the court considers that revoking the order will increase the likelihood of the remainder of the recoverable amount being recovered.

(3) When considering an application under sub-paragraph (1), the court must invite representations from—

(a) the Secretary of State, where the application was made by the liable person, and

(b) the liable person, where the application was made by the Secretary of State,

or give both the Secretary of State and the liable person an opportunity to be heard.

(4) The court may vary or revoke a suspended or immediate DWP disqualification order on an application from the liable person where—

(a) the order was made without the liable person being heard despite being given an opportunity to be heard under paragraph 1(9), and

(b) the court considers that the liable person had a good reason for not taking advantage of the opportunity to be heard.

(5) An application under sub-paragraph (4) must be made within the period of 21 days beginning with the day after the day on which the liable person is given notice that the order has been made.

(6) Before determining an application under this paragraph, the court must give the Secretary of State and the liable person an opportunity to be heard.

(7) Where the Secretary of State has recovered the whole of the recoverable amount and the costs mentioned in paragraph 1(5) from a liable person subject to an immediate DWP disqualification order—

(a) the Secretary of State must notify the court, and

(b) a court officer must make an order (without a hearing) revoking the immediate DWP disqualification order.

(8) In this paragraph, references to varying a suspended or immediate DWP disqualification order include varying the terms of repayment set out in the order.

(9) In sub-paragraph (7)(b), “court officer” means a member of the staff of the court authorised by the court for the purposes of that sub-paragraph.

5

(1) Where the court makes an immediate DWP disqualification order, the court—

(a) may require the liable person to whom the order relates to give to the court by, or on, a specified date any driving licence which the liable person holds, and

(b) must transfer each driving licence received in accordance with paragraph (a) to the Secretary of State.

(2) For the purposes of this paragraph, “driving licence” includes any document by virtue of which a person is authorised under Part 3 of the Road Traffic Act 1988 to drive a motor vehicle in Great Britain.

6

(1) The liable person or the Secretary of State may appeal to the appropriate appellate court on a point of law against—

(a) a decision to, or not to, make, vary or revoke a DWP disqualification order;

(b) the terms of a DWP disqualification order.

(2) An appeal under this paragraph must be made within the period of 21 days beginning with the day after the day on which notice of the decision to which it relates is given.

(3) On an appeal under this paragraph, the appropriate appellate court may—

(a) where the appeal relates to a DWP disqualification order that has been made—

(i) dismiss the appeal,

(ii) vary the order in any way that would have been available to the court that made it, or

(iii) revoke the order, or

(b) where the appeal is against a decision not to make a DWP disqualification order—

(i) dismiss the appeal, or

(ii) make a DWP disqualification order that the court could have made.

(4) In this Schedule, the “appropriate appellate court” means—

(a) in England and Wales, the Crown Court, and

(b) in Scotland, the Sheriff Appeal Court.

7

(1) A court must give the Secretary of State and the liable person notice if—

(a) it makes or refuses to make a suspended or immediate DWP disqualification order,

(b) it makes or refuses to make an order under paragraph 4, or

(2) Notice under this paragraph is to be given to the Secretary of State in such manner and to such addresses, and to contain such particulars, as the Secretary of State may require.

(3) The court may grant permission for an application or an appeal after the periods mentioned in paragraphs 4(5) and 6(2) (as the case may be) where satisfied that there is a compelling reason to do so.

(4) Regulations may make provision—

(a) for the purposes of enabling the court to assess the matters mentioned in paragraphs 1(6), 2(5) and 3, or

(b) about procedure relating to applications to, or appeals from, a magistrates’ court in England and Wales under this Schedule.

(5) In this paragraph, the reference to “a court” is to “the court” and “the appropriate appellate court”.

8

A public authority that holds information about a liable person’s driving licence may, on a request by the Secretary of State, disclose that information to the Secretary of State for the purpose of facilitating the exercise of the Secretary of State’s functions under this Schedule.

9

(1) Section 109(1) of the Road Traffic Act 1988 (Northern Ireland licences) has effect subject to any provision made by or under this Schedule.

(2) For the purposes of that section, the reference in paragraph 2(2)(b) to disqualifying a person from holding or obtaining a driving licence is to be read as a reference to disqualifying a person from driving any vehicle under Part 3 of the 1988 Act.

Schedule 3B

Part 1 — Power to require information

1

(1) The Secretary of State may, for the purposes of assisting in identifying incorrect payments of a relevant benefit, give a person of a type mentioned in paragraph 2 a notice (an “eligibility verification notice”) requiring the person to take the steps mentioned in sub-paragraphs (3) and (4).

(2) The Secretary of State may give an eligibility verification notice only where the Secretary of State considers that it is necessary and proportionate to do so.

(3) The first step is to identify relevant accounts (see paragraph 20(1)) which—

(a) the person provides, and

(b) are accounts—

(i) into which a specified relevant benefit has been paid, or are accounts linked to such accounts, and

(ii) which meet specified criteria (“eligibility indicators”) whether alone or with other accounts within paragraph (a) and sub-paragraph (i) of this paragraph.

(4) The second step is to give to the Secretary of State the following information for each identified account—

(a) specified details about the account (for example, sort code and account number),

(b) specified details about the account holders (for example, their names and dates of birth), and

(5) Information that amounts to transaction information or special category data—

(a) may not be required by the Secretary of State by way of an eligibility verification notice, and

(b) must not be given to the Secretary of State in response to such a notice.

(6) But the prohibition against the requiring and giving of special category data does not prohibit the requiring and giving of data to establish that an individual is in receipt of the specified relevant benefit.

(7) A person given an eligibility verification notice is not required to carry out the steps set out in sub-paragraphs (3) and (4) in relation to any account that is held outside the United Kingdom.

(8) In this paragraph the reference to an account which is linked to an account into which a specified relevant benefit is paid is to an account held by the same person who holds the account into which that benefit is paid.

(9) In this Schedule, references to an incorrect payment of a benefit—

(a) are references to a payment of an amount in respect of that benefit which is not equal to the amount for which the benefit recipient is eligible, and

(b) include references to payments that have been made or that may be made.

2

(1) The types of persons referred to in paragraph 1(1) are persons—

(a) to whom sub-paragraph (2) applies, or

(b) who are described in regulations.

(2) This sub-paragraph applies to persons who—

(a) are authorised—

(i) to accept deposits, or

(ii) to issue electronic money, and

(b) in the course of that activity, provide relevant accounts into which a relevant benefit may be paid.

(3) Regulations under sub-paragraph (1)(b) may describe only types of person who provide accounts which are, or correspond to, relevant accounts (including accounts that operate by reference to cryptoassets or any similar asset).

(4) In sub-paragraph (3), “cryptoasset” has the meaning given in section 84A of the Proceeds of Crime Act 2002.

(5) For the purposes of sub-paragraph (2)(a)(i) —

(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.

(6) For the purposes of sub-paragraph (2)(a)(ii), a person is authorised to issue electronic money if the person—

(a) 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.

(7) In this paragraph, “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).

3

(1) The eligibility indicators in an eligibility verification notice must be criteria which indicate that the specified relevant benefit may have been, or may be, incorrectly paid.

(2) The eligibility indicators may be criteria to be met by a single account or by two or more accounts combined.

(3) The eligibility indicators must not include personal data.

4

(1) An eligibility verification notice must specify a period within which the person given the notice must comply with the notice to avoid liability to a penalty under Part 2 of this Schedule.

(2) The period specified—

(a) must begin with the day on which the notice is given, and

(b) must not be less than 14 days.

(3) An eligibility verification notice must give details about—

(a) the right to seek a review of the notice under paragraph 13,

(b) the right to appeal against the notice under paragraph 14, and

(4) An eligibility verification notice (a “periodic eligibility verification notice”) may require a person to take the steps set out in paragraph 1(3) and (4) at specified intervals within a period not exceeding 1 year from the date of the notice.

(5) If it does so, the eligibility verification notice must set out the periods within which the person must comply with the eligibility verification notice for each specified interval.

(6) Each such period must not be less than 14 days.

(7) An eligibility verification notice may not require a person to examine historic data, except for the purpose set out in sub-paragraph (9).

(8) Data is historic, in relation to an eligibility verification notice, if it relates to a time before the beginning of the period of 1 year ending with the day on which the notice is given.

(9) An eligibility verification notice may require a person to provide the date that an account which meets an eligibility indicator first began to meet that indicator.

(10) An eligibility verification notice may require information—

(a) to be compiled or collated in a specified manner;

(b) to be provided in a specified way (including by electronic transmission to a specified address or portal).

(11) The Secretary of State may vary or revoke an eligibility verification notice by giving notice to the person to whom it was given.

5

(1) Information given to the Secretary of State in response to an eligibility verification notice (“EVM information”) may be used—

(a) to assist in identifying incorrect payments of any benefit, or

(b) in criminal or civil proceedings relating to such payments,

but not for any other purpose.

(2) Sub-paragraph (3) applies where—

(a) an authorised officer is considering whether to give an information notice under section 109BZA in relation to a person, and

(b) the Secretary of State has been given EVM information that is relevant to the question whether to give the information notice.

(3) The authorised officer must have regard to all information that the Secretary of State has that is relevant to the question whether to give the information notice, including information that is not EVM information.

(4) Sub-paragraph (5) applies where—

(a) the Secretary of State is considering whether to suspend payments of a benefit to a person in accordance with regulations under section 21 or 22 of the Social Security Act 1998, and

(b) the Secretary of State has been given EVM information that is relevant to the question whether to suspend the payments.

(5) The Secretary of State must have regard to all information that the Secretary of State has that is relevant to the question whether to suspend the payments, including information that is not EVM information.

(6) Sub-paragraph (7) applies where—

(a) the Secretary of State is considering whether a decision taken under section 8, 9 or 10 of the Social Security Act 1998 in relation to a person (“the earlier decision”) should be revised or superseded, and

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