Statement by the Delegation of the United States of America in response to the report by the Representative on Freedom of the Media, Ms. Dunja Mijatović
The Administration Act shall be amended as follows.
In subsection (1)(a) of section 109B (power to require information), after “subsection (2)” there shall be inserted “ or (2A) ”; and after subsection (2) (persons from whom information may be obtained) there shall be inserted—
(5) No one shall be required under this section to provide— and for the purposes of this subsection it is immaterial whether the information is in documentary form or not.
After that subsection there shall be inserted—
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In section 111(1)(a) (offence of obstruction), for “inspector” there shall be substituted “ authorised officer ”.
“benefit offence” means—
“relevant social security benefit” means a benefit under any provision of the relevant social security legislation; and
In section 190(1) (instruments subject to affirmative Parliamentary procedure), after paragraph (a) there shall be inserted—.
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After section 109B of the Administration Act there shall be inserted—
After section 110A of that Act there shall be inserted—
any post-commencement offence in connection with the receipt or payment of any amount by way of such a benefit;
in subsection (1)(a), for “or” at the end there shall be substituted—;
“sanctionable benefit” has the meaning given by section 6A(1);
in subsection (2), for “subsection (1)(b)” there shall be substituted “subsection (1)(ab) or (b)”.
The Secretary of State shall issue a code of practice relating to the exercise of—
the powers that are exercisable by an authorised officer under section 109B of the Administration Act in relation to the persons mentioned in subsection (2A) of that section; and
the powers conferred on an authorised officer by sections 109BA and 110AA of that Act.
The Secretary of State may from time to time—
revise the whole or any part of the code for the time being in force under this section; and
issue a revised code.
Before issuing or revising the code of practice under this section, the Secretary of State shall— and the Secretary of State may incorporate in the code he issues any modifications made by him to his proposals after their publication.
prepare and publish a draft of the code, or of the revised code; and
consider any representations made to him about the draft;
The Secretary of State shall lay before each House of Parliament the code of practice, and every revised code, issued by him under this section.
The code of practice issued under this section and any revisions of the code shall come into force at the time at which the code or, as the case may be, the revised code is issued by the Secretary of State.
An authorised officer exercising any power in relation to which provision must be made by the code of practice under this section shall have regard, in doing so, to the provisions (so far as they are applicable) of the code for the time being in force under this section.
A failure on the part of any person to comply with any provision of the code of practice for the time being in force under this section shall not of itself render him liable to any civil or criminal proceedings.
The code of practice for the time being in force under this section shall be admissible in evidence in any civil or criminal proceedings.
In this section “authorised officer” has the same meaning as in Part 6 of the Administration Act.
It shall be the duty of the Secretary of State to ensure that such arrangements (if any) are in force as he thinks appropriate for requiring or authorising, in such cases as he thinks fit, the making of such payments as he considers appropriate in respect of compliance with relevant obligations by any of the following—
a credit reference agency (within the meaning given by section 145(8) of the Consumer Credit Act 1974 (c. 39)) or any servant or agent of such an agency;
a person providing a telecommunications service (within the meaning of the Investigatory Powers Act 2016) or any servant or agent of such a person;
a water undertaker or Scottish Water or any servant or agent of such an undertaker or that body,
any person who (within the meaning the Gas Act 1986 (c. 44)) supplies gas conveyed through pipes, or any servant or agent of such a person;
any person who (within the meaning of the Electricity Act 1989 (c. 29)) supplies electricity conveyed by distribution systems, or any servant or agent of such a person;
any person added to the list of persons falling within subsection (2A) of section 109B of the Administration Act by an order under subsection (6) of that section, or any person’s servant or agent who falls within that subsection by virtue of such an order.
In subsection (1) “relevant obligation”—
in relation to a person falling within paragraph (a), (b) or (f) of that subsection, means— and
an obligation to provide information in pursuance of a requirement imposed on that person under section 109B of the Administration Act by virtue only of his falling within subsection (2A) of that section; or
any obligation to comply, for the purpose of enabling an authorised officer to obtain information which might otherwise be obtained by the imposition of such a requirement, with any requirements imposed on that person under section 109BA or 110AA of that Act;
in relation to a person falling within any of paragraphs (c) to (e) of that subsection, means any obligation to provide information in pursuance of a requirement imposed by such an exercise of the powers conferred by section 109B of that Act as is mentioned in subsection (2D) of that section.
For the purpose of complying with his duty under this section, the Secretary of State may make arrangements for payments to be made out of money provided by Parliament.
It shall be the duty of an authority administering housing benefit or council tax benefit to comply with such general or specific directions as to the making of payments as may be given by the Secretary of State in accordance with any arrangements for the time being in force for the purposes of subsection (1).
In Part 14 of the Administration Act (social security systems outside Great Britain), after section 179 there shall be inserted the following section—
In Part 13 of the Social Security Administration (Northern Ireland) Act 1992 (c. 8) (social security systems outside Northern Ireland), after section 155 there shall be inserted the following section—
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In this section and sections 6B and 7—
“ disqualifying benefit ” means (subject to any regulations under section 10(1))—
“war pension” has the same meaning as in section 25 of the Social Security Act 1989 (c. 24) (establishment and functions of war pensions committees).
“ disqualifying event ” means the conviction falling within subsection (1)(a), the agreement falling within subsection (1)(b) or the caution falling within subsection (1)(c);
In their application to Northern Ireland sections 6B and 7 shall have effect as if references to a sanctionable benefit were references only to a war pension.
If— then, even though those conditions are satisfied, the following restrictions shall apply in relation to the payment of that benefit in the offender’s case.
a person (“the offender”) is convicted of one or more benefit offences in a set of proceedings (“the current set of proceedings”),
within the period of five years ending on the date on which the benefit offence was, or any of them were, committed, one or more disqualifying events occurred in relation to the offender (the event, or the most recent of them, being referred to in this section as “the earlier disqualifying event”),
the current set of proceedings has not been taken into account for the purposes of any previous application of this section or section 8 or 9 in relation to the offender or any person who was then a member of his family,
the earlier disqualifying event has not been taken into account as an earlier disqualifying event for the purposes of any previous application of this section or either of those sections in relation to the offender or any person who was then a member of his family, and
the offender is a person with respect to whom the conditions for an entitlement to a sanctionable benefit are or become satisfied at any time within the disqualification period,
The following restrictions do not apply if the benefit offence referred to in subsection (1)(a), or any of them, is a relevant offence.
Subject to subsections (2A) and (4A), the sanctionable benefit shall not be payable in the offender’s case for any period comprised in the disqualification period.
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The Secretary of State may by regulations provide that, where the sanctionable benefit is universal credit, the benefit shall be payable, during the whole or a part of any period comprised in the disqualification period, as if one or more of the following applied—
the amount payable were reduced in such manner as may be prescribed;
the benefit were payable only if there is compliance by the offender with such obligations with respect to the provision of information as may be imposed by the regulations;
the benefit were payable only if the circumstances are otherwise such as may be prescribed;
any amount of the benefit payable in prescribed circumstances were recoverable by the Secretary of State.
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the rate of the allowance were such reduced rate as may be prescribed;
the allowance were payable only if there is compliance by the offender with such obligations with respect to the provision of information as may be imposed by the regulations;
the allowance were payable only if the circumstances are otherwise such as may be prescribed.
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the rate of the benefit were reduced in such manner as may be prescribed;
the benefit were payable only if the circumstances are such as may be prescribed.
For the purposes of this section the disqualification period, in an offender's case, means the relevant period beginning with a prescribed date falling after the date of the conviction in the current set of proceedings.
The Secretary of State may by regulations provide that, where the sanctionable benefit is state pension credit, the benefit shall be payable in the offender’s case for any period comprised in the disqualification period as if the rate of the benefit were reduced in such manner as may be prescribed.
Where— all such payments and other adjustments shall be made as would be necessary if no restriction had been imposed by or under this section that could not have been imposed if the conviction had not taken place.
the conviction of any person of any offence is taken into account for the purposes of the application of this section in relation to that person, and
that conviction is subsequently quashed,
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In this section— ...
any post-commencement offence consisting in an attempt or conspiracy to commit a benefit offence;
any post-commencement offence in connection with a claim for a disqualifying benefit;
“benefit offence” means—
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...
“sanctionable benefit” means (subject to subsection (11) and to any regulations under section 10(1)) any disqualifying benefit other than—
In section 170 of Administration Act (functions of the Social Security Advisory Committee in relation to the relevant enactments and the relevant Northern Ireland enactments), in subsection (5)—
any benefit under the Social Security Contributions and Benefit Act 1992 or the Social Security Contributions and Benefits (Northern Ireland) Act 1992 other than— maternity allowance; statutory sick pay and statutory maternity pay;
any post-commencement offence committed for the purpose of facilitating the commission (whether or not by the same person) of a benefit offence;
For the purposes of this section—
the date of a person’s conviction in any proceedings of a benefit offence shall be taken to be the date on which he was found guilty of that offence in those proceedings (whenever he was sentenced) or in the case mentioned in paragraph (b)(ii) the date of the order for absolute discharge; and
references to a conviction include references to—
a conviction in relation to which the court makes an order for absolute or conditional discharge ...,
an order for absolute discharge made by a court of summary jurisdiction in Scotland under section 246(3) of the Criminal Procedure (Scotland) Act 1995 without proceeding to a conviction, and
a conviction in Northern Ireland.
In this section references to any previous application of this section or section ... 9—
include references to any previous application of a provision having an effect in Northern Ireland corresponding to provision made by this section, or either of those sections; but
do not include references to any previous application of this section, or of either of those sections, the effect of which was to impose a restriction for a period comprised in the same disqualification period.
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For the purposes of subsection (6) the relevant period is—
in a case where, within the period of five years ending on the date on which the earlier disqualifying event occurred, a previous disqualifying event occurred in relation to the offender, the period of three years;
in any other case, 26 weeks.
Subsection (7B) applies where, after the agreement of any person (“P”) to pay a penalty under the appropriate penalty provision is taken into account for the purposes of the application of this section in relation to that person—
P's agreement to pay the penalty is withdrawn under subsection (5) of the appropriate penalty provision,
it is decided on an appeal or in accordance with regulations under the Social Security Act 1998 or the Social Security (Northern Ireland) Order 1998 ( S.I. 1998/1506 (N.I. 10)) that any overpayment to which the agreement relates is not recoverable or due, or
the amount of any overpayment to which the penalty relates is revised on an appeal or in accordance with regulations under the Social Security Act 1998 or the Social Security (Northern Ireland) Order 1998 and there is no new agreement by P to pay a penalty under the appropriate penalty provision in relation to the revised overpayment.
In those circumstances, all such payments and other adjustments shall be made as would be necessary if no restriction had been imposed by or under this section that could not have been imposed if P had not agreed to pay the penalty.
Where a person is convicted of more than one benefit offence in the same set of proceedings, there is to be only one disqualifying event in respect of that set of proceedings for the purposes of this section and—
subsection (1)(b) is satisfied if any of the convictions take place in the five year periods mentioned there;
the event is taken into account for the purposes of subsection (1)(d) if any of the convictions have been taken into account as mentioned there;
in the case of the earlier disqualifying event mentioned in subsection (6A)(a), the reference there to the date on which the earlier disqualifying event occurred is a reference to the date on which any of the convictions take place;
in the case of the previous disqualifying event mentioned in subsection (6A)(a), that provision is satisfied if any of the convictions take place in the five year period mentioned there.
The Secretary of State may by order amend subsection (6A) to substitute different periods for those for the time being specified there.
An order under subsection (10A) may provide for different periods to apply according to the type of earlier disqualifying event or events occurring in any case
Subsection (4) applies where a person (“the offender”)—
is convicted of one or more benefit offences in any proceedings,
after being given a notice under subsection (2) of the appropriate penalty provision by an appropriate authority, agrees in the manner specified by the appropriate authority to pay a penalty under the appropriate penalty provision to the appropriate authority ..., in a case where the offence to which the notice relates is a benefit offence, or
is cautioned in respect of one or more benefit offences.
In subsection (1)(b)—
“ the appropriate penalty provision ” means ... section 109A of the Social Security Administration (Northern Ireland) 1992 (penalty as alternative to prosecution in Northern Ireland);
“ appropriate authority ” means—
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in relation to section 109A of the Social Security Administration (Northern Ireland) Act 1992, the Department (within the meaning of that Act) or the Northern Ireland Housing Executive.
Subsection (4) does not apply by virtue of subsection (1)(a) if, because the proceedings in which the offender was convicted constitute the current set of proceedings for the purposes of section 7, the restriction in subsection (2) of that section applies in the offender's case.
If this subsection applies and the offender is a person with respect to whom the conditions for an entitlement to a sanctionable benefit are or become satisfied at any time within the disqualification period, then, even though those conditions are satisfied, the following restrictions shall apply in relation to the payment of that benefit in the offender's case.
Subject to subsections (5A) and (8), the sanctionable benefit shall not be payable in the offender's case for any period comprised in the disqualification period.
The Secretary of State may by regulations provide that, where the sanctionable benefit is universal credit, the benefit shall be payable, during the whole or a part of any period comprised in the disqualification period, as if one or more of the following applied—
the amount payable were reduced in such manner as may be prescribed;
the benefit were payable only if there is compliance by the offender with such obligations with respect to the provision of information as may be imposed by the regulations;
the benefit were payable only if the circumstances are otherwise such as may be prescribed;
any amount of the benefit payable in prescribed circumstances were recoverable by the Secretary of State.
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the rate of the allowance were such reduced rate as may be prescribed;
the allowance were payable only if there is compliance by the offender with such obligations with respect to the provision of information as may be imposed by the regulations;
the allowance were payable only if the circumstances are otherwise such as may be prescribed.
The Secretary of State may by regulations provide that, where the sanctionable benefit is state pension credit, the benefit shall be payable in the offender's case for any period comprised in the disqualification period as if the rate of the benefit were reduced in such manner as may be prescribed.
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For the purposes of this section the disqualification period, in relation to any disqualifying event, means the relevant period beginning with such date, falling after the date of the disqualifying event, as may be determined by or in accordance with regulations made by the Secretary of State.
For the purposes of subsection (11) the relevant period is—
in a case falling within subsection (1)(a) where the benefit offence, or one of them, is a relevant offence, the period of three years,
in a case falling within subsection (1)(a) (but not within paragraph (a) above)), the period of 13 weeks, or
in a case falling within subsection (1)(b) or (c), the period of four weeks.
This section has effect subject to section 6C.
In this section and section 6C—
In this section and section 7 “ relevant offence ” means—
in England and Wales, the common law offence of conspiracy to defraud, or
a prescribed offence which, in the offender's case, is committed in such circumstances as may be prescribed, and which, on conviction—
is found by the court to relate to an overpayment (as defined in section 115A(8) of the Administration Act) of at least £50,000,
is punished by a custodial sentence of at least one year (including a suspended sentence as defined in section 286(6) of the Sentencing Code), or
is found by the court to have been committed over a period of at least two years.
The Secretary of State may by order amend subsection (11A)(a), (b) or (c), or (14)(b)(i), (ii) or (iii) to substitute a different period or amount for that for the time being specified there.
Subsections (2) and (3) shall have effect, subject to the other provisions of this section, where—
the conditions for the entitlement of any joint-claim couple to a joint-claim jobseeker’s allowance are or become satisfied at any time; and
an offence-related restriction would apply in the case of at least one of the members of the couple if the entitlement were an entitlement of that member to a sanctionable benefit.
In this section—
“ an offence-related restriction ” means the restriction in subsection (5) of section 6B or the restriction in subsection (2) of section 7, and
in relation to an offence-related restriction, any reference to the relevant period is a reference to a period which is the disqualification period for the purposes of section 6B or section 7, as the case requires.
Except in prescribed circumstancesThe allowance shall not be payable in the couple’s case for so much of any period comprised in the relevant period as is a period for which—
in the case of each of the members of the couple, an offence-related restriction would apply if the entitlement were an entitlement of that member to a sanctionable benefit; or
an offence-related restriction would so apply in the case of one of the members of the couple and the other member of the couple—
is a person whose failure sanctionable under section 19, 19A or 19B of the Jobseekers Act 1995 has given rise to a reduction under that section; or
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For any part of any period comprised in the relevant period for which subsection (2) does not apply, the allowance—
shall be payable in the couple’s case as if the amount of the allowance were reduced to an amount calculated using the method prescribed for the purposes of this subsection; but
shall be payable only to the member of the couple who is not the person by reference to whose conduct section 6B or 7 would apply.
The Secretary of State may by regulations provide in relation to cases to which subsection (2) would otherwise apply that joint-claim jobseeker’s allowance shall be payable in a couple’s case, during the whole or a part of so much of any period comprised in the relevant period as falls within paragraph (a) or (b) of that subsection, as if one or more of the following applied—
the rate of the allowance were such reduced rate as may be prescribed;
the allowance were payable only if there is compliance by each of the members of the couple with such obligations with respect to the provision of information as may be imposed by the regulations;
the allowance were payable only if the circumstances are otherwise such as may be prescribed.
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Where— all such payments and other adjustments shall be made as would be necessary if no restriction had been imposed by or under this section that could not have been imposed had the conviction not taken place.
the conviction of any member of a couple for any offence is taken into account for the purposes of the application of this section in relation to that couple, and
that conviction is subsequently quashed,
Where, after the agreement of any member of a couple (“M”) to pay a penalty under the appropriate penalty provision is taken into account for the purposes of any restriction imposed by virtue of any regulations under this section— all such payments and other adjustments shall be made as would be necessary if no restriction had been imposed by or under this section that could not have been imposed had M not agreed to pay the penalty.
M's agreement to pay the penalty is withdrawn under subsection (5) of the appropriate penalty provision, or
it is decided on an appeal or in accordance with regulations under the Social Security Act 1998 or the Social Security (Northern Ireland) Order 1998 that any overpayment made to which the agreement relates is not recoverable or due,
Where, after the agreement (“ the old agreement ”) of any member of a couple (“M”) to pay a penalty under the appropriate penalty provision is taken into account for the purposes of any restriction imposed by virtue of any regulations under this section, the amount of any overpayment made to which the penalty relates is revised on an appeal or in accordance with regulations under the Social Security Act 1998 or the Social Security (Northern Ireland) Order 1998—
if there is a new disqualifying event for the purposes of section 6B consisting of M's agreement to pay a penalty under the appropriate penalty provision in relation to the revised overpayment or M being cautioned in relation to the offence to which the old agreement relates, the new disqualification period for the purposes of section 6B falls to be determined in accordance with section 6C(4)(a), and
in any other case, all such payments and other adjustments shall be made as would be necessary if no restriction had been imposed by or under this section that could not have been imposed had M not agreed to pay the penalty.
In this section “ the appropriate penalty provision ” has the meaning given by section 6B(2)(a).
Where— all such payments and other adjustments shall be made as would be necessary if no restriction had been imposed by or under section 6B that could not have been imposed if the conviction had not taken place.
the conviction of any person of any offence is taken into account for the purposes of the application of section 6B in relation to that person, and
that conviction is subsequently quashed,
Where, after the agreement of any person (“P”) to pay a penalty under the appropriate penalty provision is taken into account for the purposes of the application of section 6B in relation to that person— all such payments and other adjustments shall be made as would be necessary if no restriction had been imposed by or under section 6B that could not have been imposed if P had not agreed to pay the penalty.
P's agreement to pay the penalty is withdrawn under subsection (5) of the appropriate penalty provision, or
it is decided on an appeal or in accordance with regulations under ... the Social Security (Northern Ireland) Order 1998 that any overpayment made to which the agreement relates is not recoverable or due,
Where, after the agreement (“ the old agreement ”) of any person (“P”) to pay a penalty under the appropriate penalty provision is taken into account for the purposes of the application of section 6B in relation to P, the amount of any overpayment made to which the penalty relates is revised on an appeal or in accordance with regulations under ... the Social Security (Northern Ireland) Order 1998—
section 6B shall cease to apply by virtue of the old agreement, and
subsection (4) shall apply.
Where this subsection applies—
if there is a new disqualifying event consisting of— the disqualification period relating to the new disqualifying event shall be reduced by the number of days in so much of the disqualification period relating to the old agreement as had expired when section 6B ceased to apply by virtue of the old agreement, and
P's agreement to pay a penalty under the appropriate penalty provision in relation to the revised overpayment, or
P being cautioned in relation to the offence to which the old agreement relates,
in any other case, all such payments and other adjustments shall be made as would be necessary if no restriction had been imposed by or under section 6B that could not have been imposed if P had not agreed to pay the penalty.
For the purposes of section 6B—
the date of a person's conviction in any proceedings of a benefit offence shall be taken to be the date on which the person was found guilty of that offence in those proceedings (whenever the person was sentenced) or in the case mentioned in paragraph (b)(ii) the date of the order for absolute discharge; and
references to a conviction include references to—
a conviction in relation to which the court makes an order for absolute or conditional discharge ...,
an order for absolute discharge made by a court of summary jurisdiction in Scotland under section 246(3) of the Criminal Procedure (Scotland) Act 1995 without proceeding to a conviction, and
a conviction in Northern Ireland.
In this section “ the appropriate penalty provision ” has the meaning given by section 6B(2)(a).
This section applies to—
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universal credit;
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state pension credit;
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The Secretary of State may by regulations make provision in accordance with the following provisions of this section in relation to any case in which—
the conditions for entitlement to any benefit to which this section applies are or become satisfied in the case of any person (“the offender’s family member”);
that benefit falls to be paid in that person’s case for the whole or any part of a period comprised in a period (“the relevant period”) which is the disqualification period in relation to restrictions imposed under section 6B or 7 in the case of a member of that person’s family; and
that member of that family (“the offender”) is a person by reference to whom—
the conditions for the entitlement of the offender’s family member to the benefit in question are satisfied; or
the amount of benefit payable in the case of the offender’s family member would fall (apart from any provision made under this section) to be determined.
In relation to cases in which the benefit is universal credit, the provision that may be made by virtue of subsection (2) is provision that, in the case of the offender's family member, any universal credit shall be payable, during the whole or a part of any period comprised in the relevant period, as if one or more of the following applied—
the amount payable were reduced in such manner as may be prescribed;
the benefit were payable only if there is compliance by the offender or the offender's family member, or both of them, with such obligations with respect to the provision of information as may be imposed by the regulations;
the benefit were payable only if the circumstances are otherwise such as may be prescribed;
any amount of the benefit payable in prescribed circumstances were recoverable by the Secretary of State.
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the rate of the allowance were such reduced rate as may be prescribed;
the allowance were payable only if there is compliance by the offender or the offender’s family member, or both of them, with such obligations with respect to the provision of information as may be imposed by the regulations;
the allowance were payable only if the circumstances are otherwise such as may be prescribed.
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the rate of the benefit were reduced in such manner as may be prescribed;
the benefit were payable only if the circumstances are such as may be prescribed.
In relation to cases in which the benefit is state pension credit, the provision that may be made by virtue of subsection (2) is provision that, in the case of the offender’s family member, the benefit shall be payable for the whole or any part of any period comprised in the relevant period as if the rate of the benefit were reduced in such manner as may be prescribed.
Where— all such payments and other adjustments shall be made in that person’s case as would be necessary if no restriction had been imposed that could not have been imposed had the conviction not taken place.
the conviction of any member of a person’s family for any offence is taken into account for the purposes of any restriction imposed by virtue of any regulations under this section, and
that conviction is subsequently quashed,
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Where, after the agreement of any member of a person's family (“M”) to pay a penalty under the appropriate penalty provision is taken into account for the purposes of any restriction imposed by virtue of any regulations under this section— all such payments and other adjustments shall be made as would be necessary if no restriction had been imposed that could not have been imposed had M not agreed to pay the penalty.
M's agreement to pay the penalty is withdrawn under subsection (5) of the appropriate penalty provision, or
it is decided on an appeal or in accordance with regulations under the Social Security Act 1998 or the Social Security (Northern Ireland) Order 1998 that any overpayment made to which the agreement relates is not recoverable or due,
Where, after the agreement (“ the old agreement ”) of any member of a person's family (“M”) to pay a penalty under the appropriate penalty provision is taken into account for the purposes of any restriction imposed by virtue of any regulations under this section, the amount of any overpayment made to which the penalty relates is revised on an appeal or in accordance with regulations under the Social Security Act 1998 or the Social Security (Northern Ireland) Order 1998—
if there is a new disqualifying event for the purposes of section 6B consisting of M's agreement to pay a penalty under the appropriate penalty provision in relation to the revised overpayment or M being cautioned in relation to the offence to which the old agreement relates, the new disqualification period for the purposes of section 6B falls to be determined in accordance with section 6C(4)(a), and
in any other case, all such payments and other adjustments shall be made as would be necessary if no restriction had been imposed by or under this section that could not have been imposed had M not agreed to pay the penalty.
In this section “ the appropriate penalty provision ” has the meaning given by section 6B(2)(a).
The Secretary of State may by regulations provide for any social security benefit to be treated for the purposes of sections 6A to 9—
as a disqualifying benefit but not a sanctionable benefit; or
as neither a sanctionable benefit nor a disqualifying benefit.
The Secretary of State may by regulations provide for any restriction in section6B, 7, 8 or 9 not to apply in relation to payments of benefit to the extent of any deduction that (if any payment were made) would fall, in pursuance of provision made by or under any enactment, to be made from the payments and paid to a person other than the offender or, as the case may be, a member of his family.
In this section “social security benefit” means—
any benefit under the Social Security Contributions and Benefits Act 1992 (c. 4) or the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7);...
any benefit under the Jobseekers Act 1995 (c. 18) or the Jobseekers (Northern Ireland) Order 1995 (S.I. 1995/2705 (N.I. 15));
any benefit under the State Pension Credit Act 2002 or under any provision having effect in Northern Ireland corresponding to that Act; or
any benefit under Part 1 of the Welfare Reform Act 2007 (employment and support allowance) or under any provision having effect in Northern Ireland corresponding to that Part;
any benefit under Part 1 of the Welfare Reform Act 2012 (universal credit) or under any provision having effect in Northern Ireland corresponding to that Part;
any benefit under Part 4 of the Welfare Reform Act 2012 (personal independence payment) or under any provision in Northern Ireland which corresponds to that Part;
state pension or a lump sum under Part 1 of the Pensions Act 2014 or under any provision in Northern Ireland which corresponds to that Part;
bereavement support payment under section 30 of the Pensions Act 2014 or under any provision in Northern Ireland which corresponds to that section;
any war pension.
In sections 6B to 10 “prescribed” means prescribed by or determined in accordance with regulations made by the Secretary of State.
Regulations under any of the provisions of sections 6B to 10 shall be made by statutory instrument which (except in the case of regulations to which subsection (3) applies) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
A statutory instrument containing (whether alone or with other provisions)— shall not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
a provision by virtue of which anything is to be treated for the purposes of section6B or 7 as a disqualifying benefit but not a sanctionable benefit,
a provision prescribing the manner in which the applicable amount is to be reduced for the purposes of section6B(6), 7(3) or 9(3),
a provision the making of which is authorised by section 6B(5A) or (8), 7(2A) or (4A) or 9(2A) or (4A)
a provision prescribing the manner in which the amount of joint-claim jobseeker’s allowance is to be reduced for the purposes of section 8(3)(a),
regulations under section 6B(14) or an order under section 6B(15), or
an order under section 7(10A),
Subsections (4) to (6) of section 189 of the Administration Act (supplemental and incidental powers etc.) shall apply in relation to a power to makean order or regulations that is conferred by any of the provisions of sections 6B to 10 as they apply in relation to the powers to makean order or regulations that are conferred by that Act.
The provision that may be made in exercise of the powers to make regulations that are conferred by sections 6B to 10 shall include different provision for different areas.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In paragraph 3 of Schedule 3 to the Social Security Act 1998 (c. 14) (decisions against which an appeal lies), after sub-paragraph (e) there shall be inserted; or
“ state pension credit ” means state pension credit under the State Pension Credit Act 2002;
in the definition of “relevant enactments”, after paragraph (af) there shall be inserted—
“war pension” has the same meaning as in section 25 of the Social Security Act 1989 (c. 24) (establishment and functions of war pensions committees).
in the definition of “relevant Northern Ireland enactments”, after paragraph (af) there shall be inserted—.
In this section and sections 6A to 12—
“ disqualifying event ” has the meaning given in section 6B(13).
In section 115A of the Administration Act (penalty as an alternative to prosecution), after subsection (7) there shall be inserted—
After section 115A of the Administration Act there shall be inserted—
In section 164(8) of the Administration Act (penalties to be paid into the Consolidated Fund) after “115A” there shall be inserted “ or 115B ”.
In section 111A of the Administration Act (dishonest representations for obtaining benefit etc.)—
in subsection (1), paragraphs (c) and (d) (dishonesty in connection with failures to notify the changes of circumstances that are required to be notified by regulations) shall be omitted and the word “ or ” shall be inserted at the end of paragraph (a);
after that subsection there shall be inserted the subsections set out in subsection (2) below; and
in subsection (4), for “subsection (1)” there shall be substituted “ subsections (1) to (1E). ”
Those subsections are—
For subsection (1A) of section 112 of that Act (knowing failures to notify change of circumstances) there shall be substituted—
In section 116(7) of the Administration Act (legal proceedings), after paragraph (a) there shall be inserted—.
In this Act “the Administration Act” means the Social Security Administration Act 1992 (c. 5).
The enactments mentioned in the Schedule to this Bill (which include some spent provisions) are hereby repealed to the extent specified in the second column of that Schedule.
The preceding provisions of this Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint.
Subject to subsection (3), different days may be appointed under this section for different purposes.
The power under this section to appoint a day for the coming into force of the provisions of sections 1 and 2 shall not authorise the appointment for those purposes of any day before the issue of the code of practice that must be issued under section 3.
This Act may be cited as the Social Security Fraud Act 2001.
Sections 5(2),6A, 6B and 6C 7, 10, 11, 12(3), 13 and 20, and this section, extend to Northern Ireland; and the other provisions of this Act do not so extend.
Section 19 Short title and chapter Extent of repeal The Social Security Administration Act 1992 (c. 5). In section 110A(8), the word “and” at the end of paragraph (a). In section 111A(1), paragraphs (c) and (d). The Social Security Administration (Fraud) Act 1997 (c. 47). Section 14. The Social Security Act 1998 (c. 14). In paragraph 3 of Schedule 3, the word “or” at the end of sub-paragraph (d).