Member

The noble Baroness, Lady Coffey, asked how the liable person will be able to challenge what is owed. Following a PSFA investigation, the PSFA will issue the liable person with a recovery notice, which will include: the amount that is owed as a result of fraud or error and the PSFA’s reasoning behind this; provisions for how the liable person can repay the amount before proceedings are initiated; and potential future recovery action that could be taken if the liable person does not engage in voluntary repayment. The liable person will then have a minimum of 28 days to respond, either engaging in voluntary repayment, providing additional evidence or preparing for future proceedings. This makes it a fairer process for them. If the person does not agree with the amount or the reasoning, they will be able to provide additional evidence to the PSFA. The PSFA may then choose to initiate proceedings in a civil court or tribunal, so that an independent judge can assess the evidence from both sides and make a final determination on the matter. For civil penalties, the time for appealing the penalty must have passed without an appeal being brought, or any appeal against a civil penalty must have been finally determined, before recovery of the civil penalty can take place.