Member

91: Clause 91, page 58, line 18, leave out from beginning to end of line 3 on page 59 and insert— “80AA Restrictions relating to further methods(1) The Secretary of State may not exercise a power under Schedule 3ZA or Schedule 3ZB for the purpose of recovering an amount from a liable person unless the Secretary of State has—(a) given the liable person a reasonable opportunity to settle their liability in respect of the amount,(b) notified the liable person that the Secretary of State may exercise the power for the purpose of recovering the amount if the liable person does not settle their liability in respect of the amount, and (c) given the liable person a summary of how the power would be exercised.(2) The Secretary of State may not—(a) make a direct deduction order under Schedule 3ZA,(b) re-start a requirement to make deductions and payments that has been suspended under paragraph 16 of Schedule 3ZA, or(c) apply for a suspended or immediate DWP disqualification order under Schedule 3ZB,in respect of a liable person if subsection (3) or (4) applies.(3) This subsection applies if it is reasonably possible to recover the amount from the liable person by way of deductions from earnings.(4) This subsection applies if the liable person is entitled to and in receipt of a relevant benefit.(5) The Secretary of State may not exercise the powers under Schedule 3ZB for the purpose of recovering an amount from a liable person unless satisfied that it is not reasonably possible to recover the amount by way of a direct deduction order under Schedule 3ZA.(6) Subsections (7) and (8) apply where a liable person becomes entitled to and in receipt of a relevant benefit at a time when—(a) a direct deduction order under Schedule 3ZA, or(b) an immediate DWP disqualification order under Schedule 3ZB,has effect in relation to the liable person.(7) In a case within subsection (6)(a), the Secretary of State must revoke or suspend the direct deduction order.(8) In a case within subsection (6)(b)—(a) the Secretary of State must notify the court that made the immediate DWP disqualification order that the person to whom the order relates has become entitled to and in receipt of a relevant benefit, and(b) a court officer must make an order (without a hearing) revoking the immediate DWP disqualification order.(9) In this section—“court officer” means a member of the staff of the court in question authorised by the court for the purposes of subsection (8)(b);“deductions from earnings” means deductions from earnings under, or by virtue of, section 71 or 71ZD;“relevant benefit” means a benefit that is—(a) administered by the Secretary of State with responsibility for social security, and(b) recoverable under section 71 or 71ZB.”Member’s explanatory statement This amendment imposes further restrictions on when the new recovery methods introduced by Schedules 5 and 6 of the Bill can be used, including by ensuring that they cannot be used in cases where an amount could be recovered by deduction from earnings or a liable person is entitled to and in receipt of benefits.