Paragraph 4 Joint accountsF1

(1)

Before making a direct deduction order in respect of a joint account, the Secretary of State must make an assessment of the liable person’s beneficial interest in the amounts which are or may be in the account from time to time.

(2)

The Secretary of State must presume that the liable person’s beneficial interest entitles them to the following share in any amounts which are or may be in the account from time to time—

\frac{1}{N}

where “N” is the number of account holders.

(3)

But the presumption does not apply where the Secretary of State has reason to believe that the liable person’s beneficial interest is different from the presumed share.

(4)

In making an assessment under sub-paragraph (1), the Secretary of State must have regard to—

(a)

the bank statements obtained for the account under paragraph 3, and

(b)

any responses to a notice under paragraph 5.

Annotations

Textual amendments

F1: Sch. 3ZA inserted (2.12.2025 but only for the purposes of making regulations, 24.6.2026 in so far as not already in force) by Public Authorities (Fraud, Error and Recovery) Act 2025 (c. 28), s. 109(2)(b), Sch. 5 (with s. 105); S.I. 2026/601, reg. 2(1)(g)