Part of Public Authorities (Fraud, Error and Recovery) Bill – in a Public Bill Committee at 2:30 pm on 11 March 2025.
Andrew Western
The Parliamentary Under-Secretary of State for Work and Pensions
2:30,
11 March 2025
Not quite. We would not be contacting banks to establish whether fraud had been committed under the Amendment. We would already have established that a debt is owed, so that investigation would already have been completed. The debt, whether it was the result of fraud or error, has been established. However, I agree with my hon. Friend on the number of people who, having previously not engaged with us at all, will concur on the need to check bank statements to assess affordability. That may well be the roundest of round numbers.
Under the Bill, before any direct deduction order is actioned, the DWP must issue an account information notice to a bank to obtain bank statements. The AIN must contain the name of the debtor and identify the targeted account. This is a necessary and important safeguard so that the DWP can gather sufficient financial information to make informed decisions on fair and affordable debt recovery. Obtaining this information is also vital to the effectiveness of the direct deduction power, as the Bill is clear that a deduction cannot be made until this information has been acquired. Without the information from bank statements, the DWP will not understand a debtor's financial circumstances and will not be able to establish an affordable deduction rate and commence recovery.
I remind the hon. Member for Brighton Pavilion that the reason the information is not known is the sustained lack of engagement by the debtor in efforts to agree a voluntary and affordable repayment plan, and that the power is aimed at recovering taxpayers’ money from debtors who persistently evade repayment and refuse to engage with the DWP. The information gathered will make it clear whether they have the means to do so. Finally, I remind the Committee that these powers will be used as a last resort, and that by working with the DWP to agree affordable and sustainable repayment terms, debtors can avoid the application of the powers altogether.
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