The Social Security (Further Methods of Recovery) Regulations 2026
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Change 1
16 Notification of relevant circumstances affecting an account or account holder
(1) Where a bank— (a) has been given— (i) an account information notice, (ii) a general information notice, (iii) a further information notice, (iv) a pre-deduction notice (including a pre-deduction variation notice), or (v) a direct deduction order, (b) knows at the time the notice or order is given (or at any subsequent time, in the case of a direct deduction order) that one or more of the circumstances set out in paragraph (4) applies in relation to a relevant account or any holder of a relevant account, and (c) has not already given notice to the Secretary of State of the circumstance and the account or account holder the circumstance relates to, the bank must give notice to the Secretary of State of the circumstance and the account or account holder the circumstance relates to in accordance with paragraph (2). (2) Notice required by paragraph (1) must be given to the Secretary of State before 5.00 p.m. on the tenth working day beginning on the day after the day— (a) the bank was given the general information notice, account information notice, further information notice, pre-deduction notice, pre-deduction variation notice or direct deduction order, or (b) the bank became aware of the circumstance, where this is after the bank was given the direct deduction order. (3) For the purposes of paragraph (1), an account is a relevant account if it is— (a) identified by the Secretary of State in the notice or order which was given to the bank, or (b) an account which the bank must identify and provide to the Secretary of State in response to the notice. (4) The circumstances under this paragraph are— (a) the account has been closed, is in the process of being closed, or any person has requested its closure, (b) the account has been transferred to another bank, is in the process of being transferred to another bank, or an account holder has requested its transfer to another bank, (c) the liable person (as stated in the notice or order) is not, or is no longer, a holder of the account, (d) an account holder has died, (e) the bank has reason to believe the account is held by the liable person on trust for another person (unless that other person is also stated to be a liable person on the pre-deduction notice or direct deduction order), (f) the bank is subject to an order (other than a direct deduction order) or arrestment of the kind described in regulation 22, 23 or 24(1) to (2), or (g) the bank is subject to any other requirement under any other enactment or by an order of any court (except in a case to which sub-paragraph (f) applies) which would prevent the bank from complying with a direct deduction order which is proposed or given in respect of the account or the account holder. (5) The bank ceases to be subject to the requirement in paragraph (1) where— (a) the direct deduction order has been revoked (or is to be treated as revoked under paragraph 16(3) of Schedule 3ZA (suspension of direct deduction orders)), (b) the bank has ceased to be subject to the direct deduction order under paragraph 17 of Schedule 3ZA (cessation on death of liable person), (c) all the deductions required under the direct deduction order have been made, or (d) the bank has been given notice that the Secretary of State has decided not to make a direct deduction order. (6) Where the bank must give notice under this regulation of the circumstance described in paragraph (4)(f), the bank must give to the Secretary of State— (a) a description of the kind of order (for example, a third party debt order or arrestment), and (b) the date (if any) on which the bank reasonably expects to no longer be subject to any requirement under the order, but the bank is not required by this regulation to provide the Secretary of State with a copy of the order or to identify the parties or court involved in the proceedings to which the order was made. (7) Where the bank must give notice under this regulation of the circumstance described in paragraph (4)(g), the bank must notify the Secretary of State of the date on which it knows (or reasonably expects) the other requirement to cease, but is not required by this regulation to give the Secretary of State— (a) a copy of any order relating to that requirement, (b) information about the court which, or person who, made the order, or gave it to or served it on the bank, (c) information identifying the enactment or other legal basis under which that requirement was imposed, or (d) any other information regarding the particular circumstances which led to that requirement being imposed.
16 Notification of relevant circumstances affecting an account or account holder
(1) Where a bank— (a) has been given— (i) an account information notice, (ii) a general information notice, (iii) a further information notice, (iv) a pre-deduction notice (including a pre-deduction variation notice), or (v) a direct deduction order, (b) knows at the time the notice or order is given (or at any subsequent time, in the case of a direct deduction order) that one or more of the circumstances set out in paragraph (4) applies in relation to a relevant account or any holder of a relevant account, and (c) has not already given notice to the Secretary of State of the circumstance and the account or account holder the circumstance relates to, the bank must give notice to the Secretary of State of the circumstance and the account or account holder the circumstance relates to in accordance with paragraph (2). (2) Notice required by paragraph (1) must be given to the Secretary of State before 5.00 p.m. on the tenth working day beginning on the day after the day— (a) the bank was given the general information notice, account information notice, further information notice, pre-deduction notice, pre-deduction variation notice or direct deduction order, or (b) the bank became aware of the circumstance, where this is after the bank was given the direct deduction order. (3) For the purposes of paragraph (1), an account is a relevant account if it is— (a) identified by the Secretary of State in the notice or order which was given to the bank, or (b) an account which the bank must identify and provide to the Secretary of State in response to the notice. (4) The circumstances under this paragraph are— (a) the account has been closed, is in the process of being closed, or any person has requested its closure, (b) the account has been transferred to another bank, is in the process of being transferred to another bank, or an account holder has requested its transfer to another bank, (c) the liable person (as stated in the notice or order) is not, or is no longer, a holder of the account, (d) an account holder has died, (e) the bank has reason to believe the account is held by the liable person on trust for another person (unless that other person is also stated to be a liable person on the pre-deduction notice or direct deduction order), (f) the bank is subject to an order (other than a direct deduction order) or arrestment of the kind described in regulation 22, 23 or 24(1) to (2), or (g) the bank is subject to any other requirement under any other enactment or by an order of any court (except in a case to which sub-paragraph (f) applies) which would prevent the bank from complying with a direct deduction order which is proposed or given in respect of the account or the account holder. (5) The bank ceases to be subject to the requirement in paragraph (1) where— (a) the direct deduction order has been revoked (or is to be treated as revoked under paragraph 16(3) of Schedule 3ZA (suspension of direct deduction orders)), (b) the bank has ceased to be subject to the direct deduction order under paragraph 17 of Schedule 3ZA (cessation on death of liable person), (c) all the deductions required under the direct deduction order have been made, or (d) the bank has been given notice that the Secretary of State has decided not to make a direct deduction order. (6) Where the bank must give notice under this regulation of the circumstance described in paragraph (4)(f), the bank must give to the Secretary of State— (a) a description of the kind of order (for example, a third party debt order or arrestment), and (b) the date (if any) on which the bank reasonably expects to no longer be subject to any requirement under the order, but the bank is not required by this regulation to provide the Secretary of State with a copy of the order or to identify the parties or court involved in the proceedings to which the order was made. (7) Where the bank must give notice under this regulation of the circumstance described in paragraph (4)(g), the bank must notify the Secretary of State of the date on which it knows (or reasonably expects) the other requirement to cease, but is not required by this regulation to give the Secretary of State— (a) a copy of any order relating to that requirement, (b) information about the court which, or person who, made the order, or gave it to or served it on the bank, (c) information identifying the enactment or other legal basis under which that requirement was imposed, or (d) any other information regarding the particular circumstances which led to that requirement being imposed.
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