Section 121DC | Independent review ^F1

(1)The Secretary of State must appoint an independent person to carry out reviews of the exercise of the Secretary of State’s functions under Schedule 3B (eligibility verification).

(2)After each review, the independent person must as soon as practicable—

(a)prepare a report, and

(b)submit the report to the Secretary of State.

(3)On receiving a report, the Secretary of State must—

(a)publish it, and

(b)lay a copy before Parliament.

(4)The first review must relate to the period of 12 months beginning with the day on which section 78 of the Public Authorities (Fraud, Error and Recovery) Act 2025 comes fully into force.

(5)Subsequent reviews must relate to subsequent periods of 12 months.

(6)Each review must consider the extent to which—

(a)the Secretary of State’s exercise of powers under Schedule 3B has complied with the requirements of the Schedule and any code of practice in force under Part 5 of the Schedule during the period,

(b)the actions taken by persons given an eligibility verification notice have complied with the requirements of Schedule 3B, and

(c)the exercise of the Secretary of State’s powers under Schedule 3B has been effective in assisting in identifying incorrect payments of relevant benefits during the period covered by the review.

(7)Regulations may confer functions on a person for the purposes of securing compliance with subsections (1) to (6).