Paragraph 4 Variation and revocation of ordersF1
On an application by the liable person or the Secretary of State, the court may, where some of the recoverable amount to which a suspended or immediate DWP disqualification order relates has been recovered, make an order varying, or revoking, a suspended or immediate DWP disqualification order.
But the court may revoke a suspended or immediate DWP disqualification order in reliance on sub-paragraph (1) only where the court considers that revoking the order will increase the likelihood of the remainder of the recoverable amount being recovered.
When considering an application under sub-paragraph (1), the court must invite representations from—
the Secretary of State, where the application was made by the liable person, and
the liable person, where the application was made by the Secretary of State,
or give both the Secretary of State and the liable person an opportunity to be heard.
The court may vary or revoke a suspended or immediate DWP disqualification order on an application from the liable person where—
the order was made without the liable person being heard despite being given an opportunity to be heard under paragraph 1(9), and
the court considers that the liable person had a good reason for not taking advantage of the opportunity to be heard.
An application under sub-paragraph (4) must be made within the period of 21 days beginning with the day after the day on which the liable person is given notice that the order has been made.
Before determining an application under this paragraph, the court must give the Secretary of State and the liable person an opportunity to be heard.
Where the Secretary of State has recovered the whole of the recoverable amount and the costs mentioned in paragraph 1(5) from a liable person subject to an immediate DWP disqualification order—
the Secretary of State must notify the court, and
a court officer must make an order (without a hearing) revoking the immediate DWP disqualification order.
In this paragraph, references to varying a suspended or immediate DWP disqualification order include varying the terms of repayment set out in the order.
In sub-paragraph (7)(b), “court officer” means a member of the staff of the court authorised by the court for the purposes of that sub-paragraph.
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)