181Notice of adverse action proposed

1. A specified agency must not take adverse action against an individual on the basis (whether in whole or in part) of a discrepancy produced by an authorised information matching programme—

2. unless that agency has given that individual written notice that—
   1. specifies the particulars of the discrepancy and of the adverse action that it proposes to take; and
   2. states that the individual has 5 working days from the receipt of the notice in which to show cause why the action should not be taken; and
3. until the expiration of those 5 working days.

4. Subsection (1) does not prevent the department for the time being responsible for the administration of the Social Security Act 2018 from immediately suspending sole parent support, the supported living payment, an emergency benefit, jobseeker support, a young parent payment, or a youth payment paid to an individual if—

5. the discrepancy arises in respect of departure information supplied to that department under section 308 of the Customs and Excise Act 2018; and
6. before or immediately after the decision to suspend the benefit, the department gives the individual written notice that—
   1. specifies the particulars of the discrepancy and the suspension of benefit, and any other adverse action that the department proposes to take; and
   2. states that the individual has 5 working days from the receipt of the notice to show cause why the benefit ought not to have been suspended or why the adverse action should not be taken, or both.

7. An adverse action must not be taken under subsection (2) until the expiry of the 5 working days referred to in subsection (2)(b)(ii).

8. Subsection (1) does not prevent the Commissioner of Inland Revenue from immediately taking action to recover amounts relating to—

9. unpaid amounts owed to the Commissioner by an individual who is in serious default and who is identified in information supplied to the Commissioner under section 306 of the Customs and Excise Act 2018; or
10. financial support under the Child Support Act 1991 owed to the Commissioner by an individual who is identified in information supplied to the Commissioner under section 307 or 313 of the Customs and Excise Act 2018.

11. Subsections (1) and (2) do not prevent an agency from taking adverse action against an individual if compliance with the requirements of those subsections would prejudice any investigation into the commission of an offence or the possible commission of an offence.

12. Subsection (1) does not prevent any constable or any bailiff from immediately executing a warrant to arrest an individual in respect of the non-payment of all or any part of a fine if—

13. the discrepancy arises in respect of arrival and departure information supplied under section 310 of the Customs and Excise Act 2018; and
14. before the warrant is executed, the individual concerned is—
    1. informed of the intention to execute the warrant; and
    2. given an opportunity to confirm that they are the individual named in the warrant; and
    3. given the opportunity to confirm that neither of the following circumstances applies:
       1. the fine has been paid:
       2. an arrangement to pay the fine over time has been entered into.

15. In this section,—

    amount of reparation has the meaning given to it in section 79(1) of the Summary Proceedings Act 1957

    bailiff means a bailiff of the District Court or of the High Court

    fine means—

    1. a fine within the meaning of section 79(1) of the Summary Proceedings Act 1957:
    2. a fine to which section 19 of the Crimes Act 1961 applies:
    3. a fine to which section 43 or 45 of the Misuse of Drugs Amendment Act 1978 applies:
    4. any amount payable under section 138A(1) of the Sentencing Act 2002.

16. This section is subject to section 180C(1) of the Corrections Act 2004.

Compare

• 1993 No 28 s 103(1)–(2), (5)