Social Security Administration (Fraud) Act 1997
For section 122 of the Social Security Administration Act 1992 (disclosure of income tax information by the Inland Revenue) and the headings preceding that section substitute—
For section 116 of the Social Security Administration (Northern Ireland) Act 1992 (disclosure of income tax information by the Inland Revenue) and the headings preceding that section substitute—
After section 122A of the Social Security Administration Act 1992 (inserted by section 1(1)) insert—
After section 116A of the Social Security Administration (Northern Ireland) Act 1992 (inserted by section 1(2)) insert—
After section 122B of the Social Security Administration Act 1992 (inserted by section 2(1)) insert—
A member, officer or employee of an authority administering housing benefit or council tax benefit. A person authorised to exercise any function of such an authority relating to such a benefit or any employee of such a person. A person authorised under section 139A(1) of this Act to consider and report to the Secretary of State on the administration of housing benefit or council tax benefit.
In section 123 of that Act (offence of unauthorised disclosure by certain persons of information relating to particular persons), in subsection (8) (persons employed in audit of expenditure)—
after paragraph (h) insert—,
after paragraph (j) insert—, and
in paragraph (k), for “referred to in paragraphs (c) to (h) above” substitute “ or Commissions referred to in paragraphs (c) to (hc), (ja) and (jb) above and any person assisting an auditor referred to in paragraph (ja), (jb) or (jc) above ”.
After section 139 of the Social Security Administration Act 1992 insert—
The Local Government Finance Act 1982 is amended as follows.
After section 28AA insert—
After that section insert—
In subsection (1) of section 30 (restriction on disclosure of information by Audit Commission), after paragraph (b) insert—.
After that section insert—
Part VII (Finance) of the Local Government (Scotland) Act 1973 is amended as follows.
In section 97 (Accounts Commission for Scotland), after subsection (4D) insert—
After section 101 (right to inspect and object to accounts) insert—
After section 105 (regulations as to accounts) insert—
After section 139C of the Social Security Administration Act 1992 (inserted by section 5) insert—
After section 139D of the Social Security Administration Act 1992 (inserted by section 8) insert—
In section 140B of the Social Security Administration Act 1992 (calculation of amount of subsidy in respect of housing benefit and council tax benefit), for subsections (4) and (5) substitute—
After section 126 of the Social Security Administration Act 1992 insert—
After section 111 of the Social Security Administration Act 1992 insert—
After section 115 of the Social Security Administration Act 1992 insert—
In section 75 of the Social Security Administration Act 1992 (recovery of overpayments of housing benefit), after subsection (4) insert—
In section 30 of the Social Security Administration Act 1992 (reviews of decisions about attendance allowance, disability living allowance or disability working allowance), after subsection (7) insert—
In section 32(4)(b) of that Act (consideration on review of questions about component for life where information is available to give grounds for believing it ought not to continue), for “information is available to the adjudication officer” substitute “there has been supplied to the adjudication officer by the Secretary of State, or is otherwise available to him, information”.
In section 1 of the Social Security Administration Act 1992 (entitlement to benefit dependent on claim), after subsection (1) insert—
After section 182 of the Social Security Administration Act 1992 insert—
After section 158 of the Social Security Administration (Northern Ireland) Act 1992 insert—
After section 182A of the Social Security Administration Act 1992 (inserted by section 20(1)) insert—
After section 158A of the Social Security Administration (Northern Ireland) Act 1992 (inserted by section 20(2)) insert—
Schedule 1 (minor and consequential amendments) and Schedule 2 (repeals) have effect.
Sections 1(1), 2(1), 3 to 19, 20(1) and 21(1) do not extend to Northern Ireland.
Sections 1(2), 2(2), 20(2) and 21(2) and subsections (4) and (5) of this section extend only to Northern Ireland.
Section 22 and the Schedules have the same extent as the enactments which they amend or repeal.
An Order in Council under paragraph 1(1)(b) of Schedule 1 to the Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which contains a statement that it is made only for relevant purposes—
shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament), but
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In subsection (4) “relevant purposes” means purposes corresponding to those of any of sections 3 to 9 and 11 to 19 or of so much of section 22 and the Schedules as does not extend to Northern Ireland.
There shall be paid out of money provided by Parliament—
any expenditure of a Minister of the Crown or government department incurred in consequence of this Act, and
any increase attributable to this Act in the sums payable out of money provided by Parliament under any other Act.
Any sum received by the Secretary of State by virtue of this Act shall be paid into the Consolidated Fund.
Sections 1 to 22 and the Schedules shall not come into force until such day as the Secretary of State may by order made by statutory instrument appoint.
Different days may be appointed for different purposes.
An order under this section may include such transitional provisions, consequential provisions or savings as the Secretary of State considers appropriate for the purposes of, or in connection with, the provisions to which it applies.
An order under this section may provide that a provision of this Act is to come into force only in relation to an area specified in the order.
Nothing in section 13 or 14 applies in relation to any act or omission occurring before the section comes into force.
An order which provides that section 15 is to come into force only in relation to a specified area may also provide that (unless continued in force by a subsequent order) that section is to remain in force there only for a period specified in the order; and an order which so provides may include such transitional provisions, consequential provisions or savings as the Secretary of State considers appropriate in relation to that section’s ceasing to be in force in relation to that area at the end of that period.
Section 15 does not apply in relation to an act or omission occurring in an area at a time when that section is not in force in relation to that area.
This Act may be cited as the Social Security Administration (Fraud) Act 1997.
Section 22.
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In section 75(1) of that Act (recovery of overpayments of housing benefit), after “housing benefit” insert “ determined in accordance with regulations to have been ”.
Section 112 of that Act (offence of making false representation etc. for obtaining benefit or for other purpose connected with social security legislation) is amended as follows. In subsection (1), for the words “legislation to which section 110 above applies” substitute “ social security legislation ”. In subsection (2), for “subsection (1) above” substitute “ this section ”. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 116 of that Act (legal proceedings), after subsection (2) insert—
In section 123(2)(b) and (9)(d) of that Act (offence of unauthorised disclosure: Northern Ireland), for “Schedule 3” substitute “ Schedule 4 ”.
Section 140B of that Act (calculation of amount of subsidy in respect of housing benefit and council tax benefit) is amended as follows. In subsection (1), for “calculated in the manner specified by” substitute “ determined in accordance with an ”. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 164 of that Act (destination of repayments etc.), after subsection (7) insert—
After section 182B of that Act (inserted by section 21(1)) insert—
In section 189(7) of that Act (power for orders and regulations about housing benefit and council tax benefit to make different provision for different areas), after “different areas” insert “ or different authorities ”.
In section 190(1)(b) of that Act (regulations required to be approved by resolution of each House of Parliament), before “154” insert “ 122B(1)(b) or ”.
Section 191 of that Act (interpretation) is amended as follows. “contribution” means a contribution under Part I of the Contributions and Benefits Act; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 166(2)(a) of the Social Security Administration (Northern Ireland) Act 1992 (regulations required to be approved by resolution of the Assembly), before “131” insert “ 116B(1)(b), ”.
Section 167(1) of that Act (interpretation) is amended as follows. “contribution” means a contribution under Part I of the Contributions and Benefits Act; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 22. Chapter Short title Extent of repeal 1992 c. 4. The Social Security Contributions and Benefits Act 1992. In Schedule 1, paragraph 8(1)(p). 1992 c. 5. The Social Security Administration Act 1992. In section 61(1)(a)(iii), the words “under Part I of the Contributions and Benefits Act”. In section 75(1), the words “in such manner as may be prescribed”. In section 110(2)(c)(i) and (6)(a)(i), the words “under Part I of the Contributions and Benefits Act”. In section 114(1), the words “under Part I of the Contributions and Benefits Act”. In section 123(8)(j), the word “and”. Sections 127 to 128A (and the heading preceding each of them). In section 140B(2), the words “, with any additions specified in the order but subject to any deductions so specified”. In section 162(1), the words “under Part I of the Contributions and Benefits Act”. In Schedule 4, in Part II, in paragraph 4(a)(i), the words “National Insurance”. 1992 c. 8. The Social Security Administration (Northern Ireland) Act 1992. In section 59(1)(a)(iii), the words “under Part I of the Contributions and Benefits Act”. In section 104(2)(c)(i) and (6)(a)(i), the words “under Part I of the Contributions and Benefits Act”. In section 108(1), the words “under Part I of the Contributions and Benefits Act”. In section 142(1), the words “under Part I of the Contributions and Benefits Act”. In Schedule 4, in Part II, in paragraph 4(a)(i), the words “National Insurance”. 1992 c. 14. The Local Government Finance Act 1992. In Schedule 9, paragraph 18. 1994 c. 39. The Local Government etc. (Scotland) Act 1994. In Schedule 13, in paragraph 175(3), the words “128(1), (2), and (3),”. 1994 c. 40. The Deregulation and Contracting Out Act 1994. In Schedule 16, paragraphs 22 and 23. 1995 c. 18. The Jobseekers Act 1995. Section 28(1)(a) and (2). Section 34(1) and (4). In Schedule 2, paragraphs 58, 62 and 63. S.I. 1995/2705 (N.I.15). The Jobseekers (Northern Ireland) Order 1995. In Schedule 2, paragraph 40.