Paragraph 2 Immediate DWP disqualification ordersF1
Subject to sub-paragraph (6), if a liable person fails to comply with terms of repayment in a suspended DWP disqualification order, the Secretary of State may apply to the court for an immediate DWP disqualification order.
An immediate DWP disqualification order is an order—
setting out terms of repayment with which the liable person must comply, and
disqualifying the liable person from holding or obtaining a driving licence for such period as the court considers likely to result in the person paying the recoverable amount to the Secretary of State.
Subject to sub-paragraph (5), if the court is satisfied on the balance of probabilities that the liable person has failed, without reasonable excuse, to comply with terms of repayment in a suspended DWP disqualification order, the court must make an immediate DWP disqualification order on an application under sub-paragraph (1).
The period mentioned in sub-paragraph (2)(b) may not be longer than 2 years beginning with the day on which the order is made.
The court may not make an immediate DWP disqualification order if the court is of the opinion that the liable person—
needs a driving licence to earn a living, or
has another essential need for a driving licence.
Where the terms of repayment provide for repayment in instalments, the failure to pay a single instalment is not to be regarded as a failure to comply with the terms unless the liable person fails to repay the entire recoverable amount by the time the final instalment is due.
The Secretary of State may apply for more than one immediate DWP disqualification order in relation to the same suspended DWP disqualification order.
Before determining an application under this paragraph the court must give the Secretary of State and the liable person an opportunity to be heard.
Annotations
Textual amendments
- F1
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)