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Social Security Fraud Act (Northern Ireland) 2001

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Social Security Fraud Act (Northern Ireland) 2001, Section 10 is up to date with all changes known to be in force on or before 16 September 2019. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Loss of benefit [F1orders and] regulationsN.I.

This section has no associated Explanatory Notes

10.—(1) In [F2sections 5B to 9] “prescribed” means prescribed by or determined in accordance with regulations made by the Department.

(2) Regulations under any of the provisions of [F3sections 5B to 9] shall (except in the case of regulations to which subsection (3) applies) be subject to negative resolution.

(3) Regulations containing (whether alone or with other provisions)—

(a)a provision by virtue of which anything is to be treated for the purposes of section [F45B or] 6 as a disqualifying benefit but not a sanctionable benefit,

(b)a provision prescribing the manner in which the applicable amount is to be reduced for the purposes of section [F55B(6),] 6(3) or 8(3),

(c)a provision the making of which is authorised by section [F6[F75B(5A), (7)] , (8), (9) or (10),] [F86(2A), (4)] [F9, (4A)][F10, (4B)] or (5), 7(4) or [F118(2A), (4)] [F9, (4A)][F10, (4B)] or (5), or

(d)a provision prescribing the manner in which the amount of joint-claim jobseeker's allowance is to be reduced for the purposes of section 7(3)(a), [F12or

(e)a provision prescribing an offence under section 5B(14)(b),]

shall be laid before the Assembly after being made and shall take effect on such date as may be specified in the regulations, but shall (without prejudice to the validity of anything done thereunder or to the making of new regulations) cease to have effect upon the expiration of a period of six months from that date unless at some time before the expiration of that period the regulations have been approved by a resolution of the Assembly.

[F13(3A) An order under section 5B(15) [F14or 6(11)] shall be subject to the confirmatory procedure.

(3B) In this section “the confirmatory procedure” means the procedure described in subsection (3).]

(4) Article 74(3) to (6) of the Social Security (Northern Ireland) Order 1998 (NI 10) (regulations and orders) shall apply in relation to a power to make [F15an order or] regulations that is conferred by any of the provisions of [F16sections 5B to 9] as it applies in relation to the powers to make [F15an order or] regulations that are conferred by that Order.

(5) The provision that may be made in exercise of the powers to make regulations that are conferred by [F17sections 5B to 9] shall include different provision for different areas.

F1Words in s. 10 inserted (2.5.2016 for specified purposes, 9.9.2016 in so far as not already in operation) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), arts. 2(2), 117(8)(a); S.R. 2016/215, art. 2(6)(d); S.R. 2016/325, art. 2(3)

F12S. 10(3)(e) and preceding word inserted (2.5.2016 for specified purposes, 9.9.2016 in so far as not already in operation) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), arts. 2(2), 117(8)(b); S.R. 2016/215, art. 2(6)(d); S.R. 2016/325, art. 2(3)

F13S. 10(3A)(3B) inserted (2.5.2016 for specified purposes, 9.9.2016 in so far as not already in operation) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), arts. 2(2), 117(8)(c); S.R. 2016/215, art. 2(6)(d); S.R. 2016/325, art. 2(3)

F14Words in s. 10(3A) inserted (2.5.2016 for specified purposes, 9.9.2016 in so far as not already in operation) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), arts. 2(2), 118(12); S.R. 2016/215, art. 2(6)(d); S.R. 2016/325, art. 2(3)

F15Words in s. 10(4) inserted (2.5.2016 for specified purposes, 9.9.2016 in so far as not already in operation) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), arts. 2(2), 117(8)(d); S.R. 2016/215, art. 2(6)(d); S.R. 2016/325, art. 2(3)

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