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Public Authorities (Fraud, Error and Recovery) Act 2025

Sections166Effects13

Statutes amended

13 affected Acts; 37 amendments in total. Each block shows the target Act's text with this Act's changes applied.

Investigatory Powers Act 2016

1 amendment · open Act

  1. Schedule 41 insertion

    Sch 4 Relevant public authorities and designated senior officers

    Part 1 table — earlier entries unchanged

    Cabinet Office, so far as relating to the Public Sector Fraud Authority — designated senior officer rank 60A(7)(b) (inserted before the Common Services Agency for the Scottish Health Service entry).

    remainder of table unchanged

Police Reform Act 2002

2 amendments · open Act

  1. Section 26G4 changes

    Police Reform Act 2002, Part 2 — complaints and misconduct

    section 10 subsections (1)(a)–(gb), (3)(a)–(be), (4)–(7) unchanged

    10(1) …the Director General’s functions include—(gc) to carry out such corresponding functions in relation to public sector fraud investigators acting in the exercise of functions conferred on them by section 7 of the Public Authorities (Fraud, Error and Recovery) Act 2025 (Police and Criminal Evidence Act 1984 powers for public sector fraud investigators).
    10(3) …the Director General must also have regard to—(bf) any regulations under section 26G of this Act (public sector fraud investigators);
    10(7A) In this section, “public sector fraud investigators” means authorised investigators within the meaning given by section 7 of the Public Authorities (Fraud, Error and Recovery) Act 2025.

    26G Public sector fraud investigators

    new section inserted after section 26F — confers regulation-making power on the Minister for the Cabinet Office to give the Director General functions in relation to public sector fraud investigators; allows joint investigation with the Parliamentary Commissioner for Administration; provides for information sharing subject to Investigatory Powers Act 2016 Parts 1–7 / Chapter 1 of Part 9

    105(6) In this section, references to the Secretary of State include references to the Minister for the Cabinet Office for the purposes of section 26G (power to make regulations about public sector fraud investigators).
  2. Section 26H3 changes

    Police Reform Act 2002, Part 2 — further amendments

    10(3) After paragraph (bf) (inserted by section 9(2)(b) of the 2025 Act) insert new paragraph extending the Director General’s functions to regulations under section 26H (DWP fraud investigators).
    10(7B) After subsection (7A) (inserted by section 9(2)(c) of the 2025 Act) insert new subsection defining DWP fraud investigators by reference to section 109D of the SSAA 1992.

    26H DWP fraud investigators

    new section inserted after section 26G (inserted by section 9 of the 2025 Act) — applies the Police Reform Act complaints regime to authorised investigators acting under the SSAA 1992 PACE-applied powers

Social Security Administration Act 1992

23 amendments · open Act

  1. 1 insertion

    Social Security Administration Act 1992 — Part 6 — after section 109G

    109H Disclosure of information etc: interaction with external constraints

    new section inserted reproducing the Part 1 equivalent — disclosure does not breach confidentiality but cannot override Investigatory Powers Act 2016 Parts 1–7 / Chapter 1 of Part 9, nor compel legally privileged material

  2. Section 71ZH3 insertions

    Social Security Administration Act 1992 — after section 71ZH

    71ZI–71ZK Non-benefit payments: overpayment notices, reviews, and recovery

    new sections inserted providing that overpayments of prescribed non-benefit payments may be recovered by the Secretary of State, with notice, review and appeal procedures mirroring the existing benefit-overpayment regime

  3. Section 801 insertion

    Social Security Administration Act 1992 — Part 3, after section 80

    80A–80B Recovery and enforcement mechanisms

    new sections inserted establishing direct deduction order, deduction from earnings order and disqualification-from-driving recovery mechanisms for amounts owed under the relevant social security legislation

  4. Section 80C2 insertions

    Social Security Administration Act 1992 — after section 80B and section 190(1)

    80C Recovery from bank accounts etc

    new section inserted (after section 80B inserted by section 94 of the 2025 Act) providing for direct deduction orders against bank accounts mirroring Part 1 Chapter 4 of the 2025 Act

    190(1)(ac) After paragraph (ab) insert reference making regulations under new section 80C subject to the affirmative procedure.
  5. Section 80D1 insertion

    Social Security Administration Act 1992 — after section 80C

    80D Disqualification from driving

    new section inserted (after section 80C inserted by section 95(2) of the 2025 Act) empowering courts to disqualify persistent debtors from driving as an enforcement mechanism for unpaid recoverable amounts

  6. Section 80E1 insertion

    Social Security Administration Act 1992 — after section 80D

    80E Code of practice

    new section inserted (after section 80D inserted by section 96 of the 2025 Act) requiring the Secretary of State to issue a code of practice on the new recovery and enforcement powers, having regard to the Data Protection Act 2018

  7. Section 80F1 insertion

    Social Security Administration Act 1992 — after section 80E

    80F Rights of audience

    new section inserted (after section 80E inserted by section 97 of the 2025 Act) conferring rights of audience on staff of the Secretary of State in proceedings under sections 80A–80E

  8. Section 80G1 insertion

    Social Security Administration Act 1992 — after section 80F

    80G Recovery of costs

    new section inserted (after section 80F inserted by section 98 of the 2025 Act) enabling recovery of administrative and legal costs reasonably incurred in exercising the new recovery powers

  9. Section 80H1 insertion

    Social Security Administration Act 1992 — after section 80G

    80H Recovery: further provision

    new section inserted (after section 80G inserted by section 99 of the 2025 Act) making supplementary provision about the recovery regime, including the interaction with Investigatory Powers Act 2016 Parts 1–7 / Chapter 1 of Part 9

  10. Section 109B12 changes

    Social Security Administration Act 1992, Part 6 — enforcement

    109BZA Power to require information about suspected fraud etc

    new section inserted after section 109B: empowers an authorised officer to give an information notice (subject to reasonable-grounds and necessity tests) for purposes within section 109A(2)(c)–(d), with definitions of “information” and “specified”

    109A(1) In subsection (1) for “109B and 109C below” substitute “109B to 109C”.
    109A(2)(d) At the end insert “or other DWP offences”.
    109A(8) For “109B and 109C below” substitute “109B to 109C”.
    109B Heading: at the end insert “about entitlement etc”. In subsection (1)(a) omit “or (2A)”; in subsection (1)(b) for the words on purposes substitute “a purpose mentioned in section 109A(2)(a) or (b)”; subsections (2A)–(2D), (5), (6), (7A) omitted; in subsection (7) definitions of “bank”, “credit”, “insurer”, “residential premises” omitted.
    109BA In subsection (1)(a) omit “falling within section 109B(2A)”; in subsection (1)(b) for “109A(2)” substitute “109A(2)(c) or (d)”; in subsection (2)(b) for “109B above” substitute “109BZA”; in subsection (4) for “109B” substitute “109BZA”.
    109C(6) For “Subsections (2E) and (5) of section 109B apply for the purposes of this section as they apply” substitute “Subsection (2E) of section 109B applies for the purposes of this section as it applies”.
    190(1) Paragraph (aza) omitted.
  11. Section 109C1 insertion

    Social Security Administration Act 1992 — after section 109C

    109D Entry, search and seizure in England and Wales

    new section inserted applying specified provisions of the Police and Criminal Evidence Act 1984 (sections 8(1)–(5), 9(1) and Schedule 1, 15, 16, 19–22 and 23) to authorised investigators investigating DWP offences, with modifications

  12. Section 109D1 insertion

    Social Security Administration Act 1992 — after section 109D

    109E Entry, search and seizure in Scotland

    new section inserted (after section 109D as inserted by section 80 of the 2025 Act) conferring entry, search and seizure powers in Scotland by reference to the Criminal Procedure (Scotland) Act 1995

  13. Section 109F1 insertion

    Social Security Administration Act 1992 — after section 109E

    109F Entry, search and seizure: Crown application

    new section inserted (after section 109E inserted by section 81 of the 2025 Act) extending the new investigatory powers to Crown premises subject to national-security and parliamentary safeguards

  14. Section 109G1 insertion

    Social Security Administration Act 1992 — after section 109F

    109G Offence of delay, obstruction etc

    new section inserted (after section 109F inserted by section 82 of the 2025 Act) creating a summary offence of delaying or obstructing an authorised investigator exercising powers under sections 109D–109F

  15. Section 109H1 insertion

    Social Security Administration Act 1992 — after section 109G

    109H Disposal of property

    new section inserted (after section 109G inserted by section 83 of the 2025 Act) making provision about disposal of property seized under the new entry, search and seizure powers

  16. Section 109I1 insertion

    Social Security Administration Act 1992 — after section 109H

    109I Independent review

    new section inserted requiring the Secretary of State to commission periodic independent reviews of the use of the new investigatory and information powers

  17. Section 111A4 changes

    Social Security Administration Act 1992 — sections 111A, 112 and 121DA

    111A After subsection (1G) insert new subsection extending the dishonest-representations offence to non-benefit payments.
    112 After subsection (1) insert new subsection extending false-representations offence to non-benefit payments; after subsection (1F) insert subsection (1G) defining how references to entitlement etc apply to non-benefit payments.
    121DA(5) At the appropriate place insert definition of “non-benefit payment”.
  18. Section 115A5 changes

    115A Penalty as alternative to prosecution

    subsection (1) and (1A) unchanged

    1B This section also applies where an overpayment notice has been given to a person under section 71ZJ (overpayment notice in relation to non-benefit payment), and the condition in subsection (1C) is met.
    1C Condition: review time has expired without a review, or any review/appeal has been concluded.
    2(a) After “above” insert “, or in relation to the overpayment notice referred to in subsection (1B),”.
    3 After “(1)” insert “or (1B)”.
    8 In the words before paragraph (a), after “section” insert “, except in relation to a case referred to in subsection (1B),”.
    8A In relation to a case referred to in subsection (1B), “overpayment” has the meaning given in section 71ZI(1).
    115B(2)(b) After “benefit offence” insert “or an offence in relation to an overpayment of a non-benefit payment”.
  19. Section 121DA1 insertion

    Social Security Administration Act 1992 — section 121D and 121DA(5)

    121DAA After section 121D insert a new interpretation/definitions section about the meaning of “DWP offence” for the purposes of Part 6.
    121DA(5) At the end of subsection (5) insert a definition of “DWP offence” covering the relevant fraud and information offences.
  20. Section 121DA1 insertion

    Social Security Administration Act 1992 — section 121DA(8)

    121DA(8) After subsection (7) insert new subsection providing that giving a notice for the purposes of Part 6 includes sending it by post.
  21. Section 121DB2 insertions

    Social Security Administration Act 1992 — Part 7 (information)

    121DB Eligibility verification

    italic heading and new section 121DB inserted before section 121E, giving effect to the eligibility-verification regime set out in Schedule 3 to the 2025 Act

    190(1)(ad) Inserted after paragraph (ac) (added by section 95(4) of the 2025 Act) — orders relating to eligibility verification subject to affirmative procedure.
  22. Section 121DB1 insertion

    Social Security Administration Act 1992 — after section 121DB

    121DC Eligibility verification: independent review

    new section inserted after section 121DB (added by section 78 of the 2025 Act) requiring the Secretary of State to commission periodic independent reviews of the eligibility-verification regime and lay the resulting reports before Parliament

  23. Schedule 3B1 insertion

    Schedule 3B — Eligibility verification (inserted after Schedule 3A)

    a new Schedule is inserted setting out the framework for eligibility-verification notices given to banks and other account-information holders, including issuance, content, compliance, sanctions, review and oversight

Social Security Fraud Act 2001

2 amendments · open Act

  1. Section 34 changes

    Social Security Fraud Act 2001 — sections 3 and 4

    3(1) After the second “of” insert “the powers that are exercisable by an authorised officer under section 109BZA of the Administration Act.” (and replace the equivalent Northern Ireland reference in paragraph (b)).

    4 Arrangements for payments in respect of information

    (1)–(2) For subsections (1)–(2) substitute new provisions empowering the Secretary of State to make arrangements for payments to persons providing information used by an authorised officer in exercise of section 109BZA powers.
  2. Section 6B4 changes, 3 deletions

    Social Security Fraud Act 2001 — sections 6B and 6C

    6B(2)(a) Omit the words from “section 115A” to “or”; for “the corresponding provision for Northern Ireland” substitute “penalty as alternative to prosecution in Northern Ireland”.
    6B(2)(b)(i) Sub-paragraph (i) is omitted.
    6C(2)(b) Omit the words “the Social Security Act 1998 or”.
    6C(3) Omit the words “the Social Security Act 1998 or”.

Criminal Justice and Police Act 2001

1 amendment · open Act

  1. Section 573 insertions

    Criminal Justice and Police Act 2001 — sections 57, 63 and Schedule 1

    57(1) After paragraph (w) (inserted by the Football Governance Act 2025) insert new paragraphs adding the powers of seizure conferred on authorised investigators by sections 7 of, and Schedule 1 to, the 2025 Act, and the powers in sections 109D and 109E of the Social Security Administration Act 1992.
    63(2) At the end insert reference to copies made by authorised investigators under sections 7/109D powers.

    Schedule 1, Part 1 (powers of seizure)

    para 57+ After paragraph 56 insert new paragraphs corresponding to the new fraud-investigation seizure powers.

Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013

1 amendment · open Act

  1. 2 changes

    S.I. 2013/602 — Articles 2 and 3

    Art 2 In the interpretation provision insert at the appropriate place a definition of “authorised investigator” by reference to section 109D/109E of the Social Security Administration Act 1992.
    Art 3(17C) After paragraph (17B) insert a new paragraph extending the Police Investigations and Review Commissioner’s agreements to investigate serious incidents to authorised investigators acting under the new SSAA 1992 powers.

Limitation Act 1980

1 amendment · open Act

  1. Section 383 changes

    38 Interpretation

    subsections (1) – (10) unchanged

    11 In paragraph (a) after “1992,” insert “including as amended by the Public Authorities (Fraud, Error and Recovery) Act 2025,”; omit “or” at the end of paragraph (b); at the end of paragraph (c) insert “, or (d) Part 1 of the Public Authorities (Fraud, Error and Recovery) Act 2025,”.

Prescription and Limitation (Scotland) Act 1973

1 amendment · open Act

  1. Schedule 11 change

    Schedule 1 — obligations affected by 5-year prescriptive period under section 6

    paragraph 1 unchanged

    2(fb)(i) At the end insert “, including as amended by the Public Authorities (Fraud, Error and Recovery) Act 2025”.

    remainder of Schedule 1 unchanged

Public Records Act 1958

1 amendment · open Act

  1. Schedule 11 insertion

    Schedule 1, paragraph 3, Part 2 — definition of public records

    existing entries unchanged

    Public Sector Fraud Authority.

Parliamentary Commissioner Act 1967

1 amendment · open Act

  1. Schedule 21 insertion

    Schedule 2 — departments etc subject to investigation

    existing entries unchanged

    Public Sector Fraud Authority.

House of Commons Disqualification Act 1975

1 amendment · open Act

  1. Schedule 11 insertion

    Schedule 1, Part 2 — bodies of which all members are disqualified

    existing entries unchanged

    The Public Sector Fraud Authority.

Freedom of Information Act 2000

1 amendment · open Act

  1. Schedule 11 insertion

    Schedule 1, Part 6 — public authorities to which the Act applies

    existing entries unchanged

    The Public Sector Fraud Authority.

Equality Act 2010

1 amendment · open Act

  1. Schedule 191 insertion

    Schedule 19, Part 1 — authorities subject to public sector equality duty

    entries up to “Environment, housing and development” unchanged

    Fraud against the public sector
    The Public Sector Fraud Authority.

    remainder of Part 1 unchanged