Social Security Fraud Act 2001

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.

revise the whole or any part of the code for the time being in force under this section; and

issue a revised code.

prepare and publish a draft of the code, or of the revised code; and

consider any representations made to him about the draft;

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 relation to a person falling within paragraph (a), (b) or (f) of that subsection, means— and

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.

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 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 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.

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.

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,

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—

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.

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.

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.

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 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 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—

“ 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.

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 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.

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,

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,

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.

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.

“ 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—

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.

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.

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—

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universal credit;

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state pension credit;

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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 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.

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.

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.

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,

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,

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.

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,

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,

section 6B shall cease to apply by virtue of the old agreement, and

subsection (4) shall apply.

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

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.

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—

as a disqualifying benefit but not a sanctionable benefit; or

as neither a sanctionable benefit nor a disqualifying benefit.

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 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 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 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.

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),

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). ”