Public Authorities (Fraud, Error and Recovery) Bill

Debate between Andrew Western and Nusrat Ghani

Report stage & 3rd reading
Tuesday 29th April 2025 Commons Chamber

[Madam Deputy Speaker (Ms Nusrat Ghani)]

With this it will be convenient to discuss the following:

Government new clause 18—Consequential amendments to the Social Security Fraud Act 2001.

Government new clause 19—Devolved benefits.

Government new clause 20—Powers of Scottish Ministers.

New clause 1—Recovery of overpayments of Carer’s Allowance—

“The Secretary of State may not exercise any of the powers of recovery under this Act in relation to a person who has received an overpayment of Carer’s Allowance until such time as—

(a) the Secretary of State has commissioned an independent review of the overpayment of Carer’s Allowance;

(b) the review has concluded its inquiry and submitted a report containing recommendations to the Secretary of State;

(c) the Secretary of State has laid the report of the independent review before Parliament; and

(d) the Secretary of State has implemented the recommendations of the independent review.”

This new clause would delay any payments being taken from people who the Government may think owe repayments on Carer’s Allowance until the independent review into Carer’s Allowance overpayments has been published and fully implemented.

New clause 2—Impact of Act on people facing financial exclusion—

“(1) The independent person appointed under section 64(1) of this Act must carry out an assessment of the impact of this Act on the number of people facing financial exclusion.

(2) The independent person must, after 12 months of the passing of the Act—

(a) prepare a report on the review, and

(b) submit the report to the Minister.

(3) On receiving a report the Minister must—

(a) publish it, and

(b) lay a copy before Parliament.”

This new clause would look into the impact of the Act on people facing financial exclusion.

New clause 3—Audit of algorithmic systems used in relation to Carer’s Allowance overpayments—

“(1) An independent audit of algorithmic systems used in the assessment, detection or recovery of Carer’s Allowance overpayments must be conducted at least once every six months.

(2) Any audit under subsection (1) must be conducted by persons with relevant expertise in data science, ethics and social policy who have no direct affiliation with—

(a) the Department for Work and Pensions, or

(b) any person or body involved in the development or operation of the algorithmic systems under review.

(3) An audit conducted under this section must consider—

(a) the accuracy of the algorithmic systems in identifying overpayments, and

(b) the fairness of the systems’ design, application and operation, including any disproportionate impact on particular groups.

(4) After every audit a report on its findings must be—

(a) published;

(b) laid before both Houses of Parliament within 14 days of publication; and

(c) made publicly available in an accessible format.

(5) If any audit identifies significant inaccuracies, unfairness or biases in any algorithmic systems, the Secretary of State must, within 30 days of the publication of the report outlining these findings, present an action plan to Parliament which outlines the steps which the Government intends to take to address the identified issues.”

This new clause would provide for an audit of algorithmic systems used in relation to Carer’s Allowance overpayments.

New clause 4—Inclusion of systems within the Algorithmic Transparency Reporting Standard—

“(1) For the purposes of this section, “system” means—

(a) algorithms, algorithmic tools, and systems; and

(b) artificial intelligence, including machine learning;

provided that they are used in fulfilling the purposes of this Act.

(2) Where at any time after the passage of this Act, the use of any system is—

(a) commenced;

(b) amended; or

(c) discontinued;

the Minister must, as soon as reasonably practicable, accordingly include information about the system in the Algorithmic Transparency Reporting Standard.”

This new clause would require the use of algorithms, algorithmic tools, and systems, and artificial intelligence, including machine learning, to be included within the Algorithmic Transparency Reporting Standard.

New clause 5—Duty to consider domestic abuse risk to account holders—

“(1) Before any direct deduction order under Schedule 5 is made, the Secretary of State has a duty to consider its effect on any person who—

(a) is a victim of domestic abuse, or

(b) the Minister reasonably believes to be at risk of domestic abuse.

(2) In this section “domestic abuse” has the meaning given by section 1 of the Domestic Abuse Act 2021.”

New clause 6—Review of whistle blowing processes in relation to public sector fraud—

“(1) Secretary of State must, within one year of the passing of this Act, conduct a review of whistle blowing processes in relation to fraud in the public sector.

(2) A review conducted under this section must consider—

(a) the appropriateness and efficacy of existing whistle blowing processes;

(b) barriers to reporting fraud and reasons for under reporting of fraud; and

(c) recommendations for change.

(3) The Secretary of State must publish a report containing—

(a) the findings and conclusions of the review, and

(b) a timetable for the delivery of any recommendations for change within six months of the completion of the review.”

New clause 7—Overpayments made as a result of official error—

“(1) Section 71ZB of the Social Security Administration Act 1992 is amended as follows.

(2) In subsection (1), for “The” substitute “Subject to subsection (1A), the”.

(3) After subsection (1) insert—

“(1A) The amount referred to in subsection (1) shall not include any overpayment that arose in consequence of an official error where the claimant or a person acting on the claimant’s behalf or any other person to whom the payment is made could not, at the time of receipt of the payment or of any notice relating to that payment, reasonably have been expected to realise that it was an overpayment.””

This new clause would provide that, where universal credit overpayments have been caused by official error, they can only be recovered where the claimant could reasonably have been expected to realise that there was an overpayment.

New clause 8—Offence of fraud against a public authority—

“(1) A person who-

(a) commits,

(b) assists or conspires in the committal of, or

(c) encourages the committal of,

fraud against a public authority commits an offence.

(2) A person who commits an offence under subsection (1) is liable-

(a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);

(b) on conviction on indictment, to imprisonment for a term not exceeding 10 years.”

New clause 9—Application of the Police and Criminal Evidence Act 1984 to investigations conducted by the Department for Work and Pensions—

“(1) The Secretary of State must, within six months of the passing of this Act, introduce regulations for the purpose of applying certain powers of the Police and Criminal Evidence Act 1984, subject to such modifications as the order may specify, to investigations of offences conducted by the Department for Work and Pensions.

(2) The powers to be applied must include–

(a) the power of arrest;

(b) any other such powers that the Secretary of State considers appropriate.

(3) Regulations made under this section shall be made by statutory instrument.”

New clause 10—Liability orders—

“(1) Where a person–

(a) has been found guilty of an offence under section 1 or section 11 of the Fraud Act 2006, or the offence at common law of conspiracy to defraud,

(b) that offence relates to fraud committed against a public authority, and

(c) has not paid the required penalties or not made the required repayments,

the Secretary of State must apply to a magistrates’ court or, in Scotland, to the sheriff for an order (“a liability order”) against the liable person.

(2) Where the Secretary of State applies for a liability order, the magistrates’ court or (as the case may be) sheriff shall make the order if satisfied that the payments in question have become payable by the liable person and have not been paid.

(3) The Secretary of State may make regulations in relation to England and Wales—

(a) prescribing the procedure to be followed in dealing with an application by the Secretary of State for a liability order;

(b) prescribing the form and contents of a liability order; and

(c) providing that where a magistrates’ court has made a liability order, the person against whom it is made shall, during such time as the amount in respect of which the order was made remains wholly or partly unpaid, be under a duty to supply relevant information to the Secretary of State.

(4) Where a liability order has been made against a person ("the liable person"), the Secretary of State may use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods) to recover the amount in respect of which the order was made, to the extent that it remains unpaid.”

New clause 11—Publication of results of pilot schemes—

“Within three months of the passing of this Act, the Secretary of State must publish the results of any pilot schemes run with banks to test the provisions in Chapter 1 of Part 2.”

New clause 12—Report on cost implications for banks—

“The Secretary of State must, within three months of the passing of this Act, publish a report on the expected cost implications of the provisions of this Act for banks.”

New clause 13—Annual reporting of amounts recovered—

“(1) The Secretary of State must publish an annual report detailing the amount of money which has been recovered under the provisions of this Act.

(2) A first report must be published no later than 12 months after the passing of this Act with subsequent reports published at intervals of no more than 12 months.”

New clause 14—Impact of Act on vulnerable customers—

“(1) The Secretary of State must, within six months of the passing of this Act, lay before Parliament an assessment of the expected impact of the Act on vulnerable customers.

(2) For the purposes of this section, “vulnerable customers” means someone who, due to their personal circumstances, is especially susceptible to harm, particularly when a firm is not acting with appropriate levels of care.”

New clause 15—Publication of an Anti-Fraud and Error Technology Strategy—

“(1) The Secretary of State must, within six months of the passing of this Act, publish an Anti-Fraud and Error Technology Strategy.

(2) An Anti-Fraud and Error Technology Strategy published under this section must set out–

(a) how the Government intends to use automated technologies or artificial intelligence to tackle fraud against public authorities and the making of erroneous payments by public authorities, and

(b) a series of safeguards to provide for human oversight of decision making that meet the aims set out in subsection (3);

(c) how rights of appeal will be protected;

(d) a framework for privacy and data sharing.

(3) The aims of the safeguards in subsection (2)(b) are—

(a) to ensure that grounds for decision making can only be reasonable if they are the result of a process in which there has been meaningful human involvement by a human of adequate expertise to scrutinise any insights or recommendations made by automated systems,

(b) to make clear that grounds cannot be reasonable if they are the result of an entirely automated process, and

(c) to ensure that any information notice issued is accompanied by a statement—

(i) setting out the reasonable grounds for suspicion that have been relied on, and

(ii) confirming that the conclusion has been formed on the basis of human involvement.”

New clause 21—Offence of encouraging or assisting others to commit fraud—

“(1) The Social Security Administration Act 1992 is amended as follows.

(2) In section 111A (dishonest representation for obtaining benefit etc), after subsection (1G) insert—

“(1H) A person commits an offence if they—

(a) encourage or assist another person to commit an offence under this section, or

(b) provide guidance on how to commit an offence under this section.

(1I) An offence under this section can be committed where the encouragement, assistance or guidance happens online.

(1J) A person who commits an offence under this section is liable on conviction on indictment to imprisonment for a term not exceeding five years or an unlimited fine.”

(3) In section 112 (false representations for obtaining benefit etc), after subsection (1F) insert—

“(1G) A person commits an offence if they—

(a) encourage or assist another person to commit an offence under this section, or

(b) provide guidance on how to commit an offence under this section.

(1H) An offence under this section can be committed where the encouragement, assistance or guidance happens online.

(1I) A person who commits an offence under this section is liable on conviction on indictment to imprisonment for a term not exceeding five years or an unlimited fine.””

New clause 22—Impact of Act on people with protected characteristics—

“The Secretary of State must, prior to making regulations under section 103 to bring into force any provision of this Act, lay before Parliament an assessment of the expected impact of the Act on people with protected characteristics who are in receipt of social security benefits.”

This new clause would ensure any impact of the Bill on people with protected characteristics in receipt of social security benefits was examined prior to the Act’s implementation.

New clause 23—Report on public sector fraud during COVID-19 pandemic—

“(1) The Minister for the Cabinet Office must, within six months of the passing of this Act, lay before Parliament a report evaluating the extent of public sector fraud that occurred during the COVID-19 pandemic.

(2) The report must include—

(a) an account of fraudulent or erroneous payments made by or on behalf of public authorities, including but not limited to the Department of Health and Social Care and NHS England,

(b) a review of how public procurement practices in place between March 2020 and December 2021, including—

(i) the use of high priority and expedited contracting for suppliers, and

(ii) the role of political appointments and personal connections in procurement decisions,

may have contributed to fraud against public authorities,

(c) the cost to the public purse of fraud against public authorities during the COVID-19 pandemic, and

(d) an assessment of the adequacy of Government oversight and other measures then in place to prevent fraud against public authorities.

(3) Where the report finds or concludes that there were—

(a) failings in Government oversight and other measures then in place to prevent fraud against public authorities, or

(b) any action or inaction by the Government which enabled fraud against public authorities,

the Minister must make a statement to the House of Commons acknowledging these findings and setting out actions planned to ensure any failings are not repeated.”

Amendment 15, in clause 3, page 3, line 10, leave out “10” and insert “28.”

Government amendments 23 and 24.

Amendment 16, in clause 4, page 3, line 33, leave out “Minister” and insert “First Tier Tribunal”.

Amendment 13, page 3, line 33, after “notice” insert

“or of the duration of the period mentioned in section 3(4)(a)”.

Amendment 80, page 3, line 34, leave out “7” and insert “28”.

Amendment 17, page 3, line 36, leave out “Minister” and insert “First Tier Tribunal”.

Amendment 18, page 3, line 38, leave out “Minister” and insert “First Tier Tribunal”.

Amendment 14, page 4, line 2, after “notice” insert

“, including by extending the duration of the period mentioned in section 3(4)(a) where satisfied that the person is reasonably unable to comply with the requirement to provide the information within the time required by the notice”.

Amendment 19, page 4, line 3, leave out “Minister” and insert “First Tier Tribunal”.

Amendment 81, page 4, line 10, at end insert—

“(7) Where a person has applied for a review of an information notice, the period mentioned in section 3(4)(a) is to be treated as beginning on the day after which the outcome of the review is notified to the person to whom the information notice was given.”

Government amendments 25 to 29.

Amendment 1, in clause 64, page 34, line 15, at end insert—

“(1A) Prior to appointing an independent person, the Minister must consult the relevant committee of the House of Commons.

(1B) For the purposes of subsection (1A), “the relevant committee” means a committee determined by the Speaker of the House of Commons.”

This amendment would provide for Parliamentary oversight of the appointment of the “Independent person”.

Government amendments 30, 31, 76, 75, 32 and 33.

Amendment 2, page 40, line 36, leave out clause 74.

This amendment removes the requirement for Banks to look into relevant claimants’ bank accounts.

Amendment 3, in clause 75, page 41, line 21, at end insert—

“(1A) Prior to appointing an independent person, the Minister must consult the relevant committee of the House of Commons.

(1B) For the purposes of subsection (1A), “the relevant committee” means a committee determined by the Speaker of the House of Commons.”

This amendment would provide for Parliamentary oversight of the appointment of the “Independent person”.

Government amendments 34 to 43.

Amendment 8, in clause 89, page 55, line 6, leave out from “unless” to the end of line 14 and insert—

“(a) the liable person agrees, or

(b) there has been a final determination by a court or tribunal that it is necessary and proportionate to exercise a power under Schedule 3ZA.”

This amendment would mean that the Secretary of State can only exercise powers to recover amounts from a person where the person agrees or where a court or tribunal has determined that such recovery is necessary and proportionate.

Amendment 10, page 56, line 16, leave out clause 91.

Government amendments 79, 78, 77, 74, 73 and 44.

Amendment 4, in clause 103, page 63, line 29, leave out from start to “following” in line 32 and insert—

“Subject to subsections (1A) and (2), this Act comes into force on such day as the Secretary of State or the Minister for the Cabinet Office may by regulations appoint.

(1A) No part of this Act may come into force until the recommendations of a report commissioned under section [Recovery of overpayments of Carer’s Allowance] have been implemented.

(2) Subject to subsection (1A), the”

This amendment which would delay the implementation of the whole Act until the findings of the independent review into Carer’s Allowance overpayments has been published and fully implemented.

Amendment 20, page 64, line 1, at end insert—

“(3A) Before bringing into force any of the provisions of Part 1 of this Act, the Secretary of State must consult with banks as to the costs which will be incurred by banks upon application of the provisions of Part 1.

(3B) Where consultation finds that the expected costs to banks are at a disproportionate level, the Secretary of State may not bring into force the provisions which are expected to result in such disproportionate costs.”

Government amendments 72 and 45.

Amendment 5, page 73, line 6, leave out schedule 3.

This amendment is related to Amendment 2 and removes the requirement for Banks to look into relevant claimants’ bank accounts.

Amendment 11, in schedule 3, page 73, line 25, leave out from “accounts” to the end of line 31 and insert—

“which belong to a person who the authorised officer has reasonable grounds to suspect has committed, is committing or intends to commit a DWP offence.”

This amendment would limit the exercise of an eligibility verification notice to cases where the welfare recipient is suspected of wrongdoing.

Amendment 22, page 84, line 12, at end insert “(d) housing benefit.”

Amendment 6, page 84, leave out line 12

This amendment would remove pension credit from being a “relevant benefit” for the purposes of the Act.

Amendment 71, page 84, line 13, leave out from “to” to end of line 17 and insert—

“remove types of benefit from the definition of”.

This amendment would mean that benefits could not be added to the list of “relevant benefits” by regulations.

Amendment 7, page 84, leave out lines 13 to 17.

This amendment ensure that the bill can only be used in relation to benefits listed in the Bill.

Amendment 21, page 84, line 25, after “money” insert

“or such an account which is held by a person appointed to receive benefits on behalf of another person.”

Government amendments 46 to 67.

Amendment 9, in schedule 5, page 98, line 10, leave out from beginning to end of line 24 on page 99.

This amendment would remove the requirement for banks to provide information to the Secretary of State for the purposes of making a direct deduction order.

Government amendments 68 and 69.

Amendment 12, page 111, line 18, leave out schedule 6.

Government amendment 70.

[The Parliamentary Under-Secretary of State for Work and Pensions (Andrew Western)]

It is my pleasure to bring this Bill back to the House. I start by thanking all Members who have made contributions so far, and extend a special thanks to Members of the Bill Committee, some of whom are present today, for their detailed scrutiny.

This Government have an ambitious plan for change. To deliver everything we want to achieve, we must spend taxpayers’ money wisely, which is why we committed in our manifesto not to tolerate fraud or waste anywhere in our public services. The Bill delivers on that commitment. It is part of the biggest crackdown on fraud against the public purse in a generation. Nothing less will do, given the appalling position we inherited.

--- Later in debate ---

[Andrew Western]

The hon. Gentleman is correct that we have a problem with so-called “sickfluencers”, but as we will hear in the debate more broadly, the Government do have existing powers through the Fraud Act 2006 and the Serious Crime Act 2007 to take action in those areas if necessary. He is right to suggest that we should be doing more, and I encourage Conservative Members to reflect on what they did in this space during their period in power. He will be reassured to know that I have commissioned work within the Department to look at what further we can do, but in legislative terms—[Interruption.] I do believe that we have somebody crossing the Floor, Madam Deputy Speaker.

[Madam Deputy Speaker (Ms Nusrat Ghani)]

Just for the record, in case Hansard did not pick that up, that was Jenny the dog crossing the Floor, not a Member of Parliament.

[Andrew Western]

I am sure the hon. Member for Torbay (Steve Darling) is grateful to you for that clarification, Madam Deputy Speaker, even if I am not, as Jenny would always be most welcome on this side of the House.

I hope that I have reassured the hon. Gentleman that we do have the legislation required to act.