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The Social Security (Loss of Benefit) (Amendment) Regulations (Northern Ireland) 2011

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Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations

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6.—(1) The Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999(1) are amended as follows.

(2) In regulation 3 (revision of decisions) for paragraph (8A)(2) substitute—

(8A) Where—

(a)a restriction is imposed on a person under section 5B, 7, 8 or 9 of the Fraud Act as a result of the person—

(i)being convicted of an offence by a court, or

(ii)agreeing to pay a penalty as an alternative to prosecution under section 109A of the Administration Act(3) or section 115A of the Social Security Administration Act 1992(4); and

(b)that conviction is quashed or set aside by that or any other court, or the person withdraws his agreement to pay a penalty,

a decision of the Department made under Article 9(1)(a) or 11 in accordance with regulation 6(2)(i) or (j) may be revised at any time..

(3) In regulation 6(2)(i)(5) (supersession of decisions)—

(a)after “section”, in the first place it occurs, insert “5B,”; and

(b)for “same meaning as in section 6” substitute “meaning given in section 5A”.

(4) In regulation 7(27)(6) (date from which a decision superseded under Article 11 takes effect) after “section” insert “5B or”.

(5) In Schedule 1 (decisions against which no appeal lies) for paragraph 25(7) substitute—

Loss of Benefit

25.(1) In the circumstances referred to in sub-paragraph (2), a decision of the Department that a sanctionable benefit as defined in section 5A of the Fraud Act is not payable (or is to be reduced) pursuant to section 5B, 6, 7 or 8 of that Act as a result of—

(a)a conviction for one or more benefit offences in one set of proceedings;

(b)an agreement to pay a penalty under section 109A of the Administration Act or section 115A of the Social Security Administration Act 1992 in relation to a benefit offence;

(c)a caution in respect of one or more benefit offences; or

(d)a conviction for one or more benefit offences in each of two sets of proceedings, the later offence or offences being committed within the period of 5 years after the date of any of the convictions for a benefit offence in the earlier proceedings.

(2) The circumstances are that the only ground of appeal is that any of the convictions was erroneous, or that the offender (as defined in section 5B(1) of the Fraud Act) did not commit the benefit offence in respect of which there has been an agreement to pay a penalty or a caution has been accepted..

(1)

S.R. 1999 No. 162; relevant amending Rules are S.R. 2002 Nos. 79 and 80 and S.R. 2008 No. 147 (C. 7)

(2)

Paragraph (8A) was inserted by regulation 7(3) of S.R. 2002 No. 80

(3)

Section 109A was inserted by Article 14 of the Social Security Administration (Fraud) (Northern Ireland) Order 1997 (S.I. 1997/1182 (N.I. 11)) and amended by section 13 of the Social Security Fraud Act (Northern Ireland) 2001 (c. 17 (N.I.))

(4)

1992 c. 5; section 115A was inserted by section 15 of the Social Security Administration (Fraud) Act 1997 (c. 47) and amended by section 14 of the Social Security Fraud Act 2001 (c. 11)

(5)

Sub-paragraph (i) was added by regulation 7(4) of S.R. 2002 No. 80

(6)

Paragraph (27) was added by regulation 7(5) of S.R. 2002 No. 80

(7)

Paragraph 25 was added by regulation 21 of S.R. 2002 No. 79 and amended by Article 3 of S.R. 2008 No. 147 (C. 7)

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