{
  "url": "https://openlegislation.uk/social-security-administration-act-1992/schedule-3ZB/paragraph-1",
  "json_url": "https://openlegislation.uk/social-security-administration-act-1992/schedule-3ZB/paragraph-1.json",
  "legislation": "ukpga/1992/5",
  "legislation_title": "Social Security Administration Act 1992",
  "legislation_url": "https://openlegislation.uk/social-security-administration-act-1992",
  "path": "schedule/3ZB/paragraph/1",
  "kind": "paragraph",
  "number": "1",
  "heading": "Suspended DWP disqualification orders",
  "text": "(1) This Schedule applies where—\n(a) the Secretary of State has sought to recover a recoverable amount from a liable person, and\n(b) some or all of the amount has not been recovered.\n(2) Where the amount still to be recovered is at least £1,000, the Secretary of State may apply to the court for a suspended DWP disqualification order (but see sub-paragraph (7)).\n(3) A suspended DWP disqualification order is an order—\n(a) setting out terms of repayment with which the liable person must comply, and\n(b) stating that the liable person may be subject to an immediate DWP disqualification order if the person fails to comply with the terms of repayment.\n(4) Subject to sub-paragraph (6), the court must make a suspended DWP disqualification order if the court is satisfied, on the balance of probabilities, that the liable person has, without reasonable excuse, not paid the recoverable amount.\n(5) The terms of repayment must include terms for the payment of any costs awarded by the court to the Secretary of State relating to the order.\n(6) The court may not make a suspended DWP disqualification order if the court considers that the liable person—\n(a) needs a driving licence to earn a living, or\n(b) has another essential need for a driving licence.\n(7) The Secretary of State may apply for a second or subsequent suspended DWP disqualification order in relation to a recoverable amount even if the amount still to be recovered has fallen to less than £1,000.\n(8) A suspended DWP disqualification order ceases to have effect when—\n(a) revoked under paragraph 4, or\n(b) the Secretary of State has recovered the whole of the recoverable amount and the costs mentioned in sub-paragraph (5) from the liable person.\n(9) Before determining an application under this paragraph the court must give the Secretary of State and the liable person an opportunity to be heard.\n(10) In this Schedule—\n“the court” means—\n(a)in England and Wales, a magistrates’ court, and\n(b)in Scotland, a sheriff or a summary sheriff;\n“driving licence” means a licence to drive a motor vehicle granted under Part 3 of the Road Traffic Act 1988.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Sch. 3ZB 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. 6 (with s. 105); S.I. 2026/601, reg. 2(1)(h)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/1992/5/schedule/3ZB/paragraph/1",
    "retrieved_at": "2026-10-29T09:36:26.977425+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}