Paragraph 9 Insufficient fundsF1

(1)

Where the amount in an account is lower than the amount to be deducted in accordance with a lump sum direct deduction order at the time that the bank is (apart from this sub-paragraph) required to make the deduction—

(a)

no deduction is to be made, and

(b)

the bank must notify the Secretary of State as soon as possible.

(2)

Where the amount in an account is lower than the amount to be deducted in accordance with a regular direct deduction order at the time that the bank is (apart from this sub-paragraph) required to make the deduction—

(a)

the order is to be read as requiring the deduction and payment to the Secretary of State to take place on the same day the following week, and

(b)

if, on that day, the amount in the account is lower than the amount to be deducted in accordance with the order—

(i)

no deduction is to be made, and

(ii)

the bank must notify the Secretary of State as soon as possible.

(3)

References in this paragraph to the amount to be deducted in accordance with a direct deduction order include any amounts to be deducted in respect of a bank’s costs by virtue of provision under paragraph 8(1).

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)