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Social Security Administration (Fraud) Act 1997

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This is the original version (as it was originally enacted).

Section 22.

SCHEDULE 1Minor and consequential amendments

The Local Government Finance Act 1982 (c. 32)

1In paragraph 9(2) of Schedule 3 to the Local Government Finance Act 1982 (financial provisions relating to Audit Commission: separate accounting in relation to certain functions), between paragraph (a) and paragraph (aa) insert—

(aza)its functions under section 28AB of this Act in relation to the discharge of housing benefit administration functions and council tax administration functions;.

The Social Security Administration Act 1992 (c. 5)

2In section 54(2)(b) of the Social Security Administration Act 1992 (power of adjudication officer to refer for medical examination a person who has applied for a review), for the words “who has applied” onwards substitute “in respect of whom an application for a review under section 30 or 35 above has been made or is treated as having been made,”.

3In section 75(1) of that Act (recovery of overpayments of housing benefit), after “housing benefit” insert “determined in accordance with regulations to have been”.

4(1)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.

(2)In subsection (1), for the words “legislation to which section 110 above applies” substitute “social security legislation”.

(3)In subsection (2), for “subsection (1) above” substitute “this section”.

(4)After that subsection insert—

(3)In this section “the social security legislation” means the Acts to which section 110 above applies and the [1995 c. 18.] Jobseekers Act 1995.

5In section 116 of that Act (legal proceedings), after subsection (2) insert—

(2A)Subsection (2) above shall not be taken to impose any restriction on the time when proceedings may be begun for an offence under section 111A above.

6In section 123(2)(b) and (9)(d) of that Act (offence of unauthorised disclosure: Northern Ireland), for “Schedule 3” substitute “Schedule 4”.

7(1)Section 140B of that Act (calculation of amount of subsidy in respect of housing benefit and council tax benefit) is amended as follows.

(2)In subsection (1), for “calculated in the manner specified by” substitute “determined in accordance with an”.

(3)In subsection (2), for “the total” substitute “the amount of relevant benefit”.

(4)In subsection (7), for “(2) or (4)” substitute “(4) or (5)”.

8In section 164 of that Act (destination of repayments etc.), after subsection (7) insert—

(8)All penalties recovered by the Secretary of State under section 115A above shall be paid into the Consolidated Fund.

9After section 182B of that Act (inserted by section 21(1)) insert—

National insurance numbers

182CRequirement to apply for national insurance number

(1)Regulations may make provision requiring a person to apply for a national insurance number to be allocated to him.

(2)An application required by regulations under subsection (1) above shall be accompanied by information or evidence enabling such a number to be allocated.

10In 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”.

11In 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”.

12(1)Section 191 of that Act (interpretation) is amended as follows.

(2)After the definition of “the Consequential Provisions Act” insert—

“contribution” means a contribution under Part I of the Contributions and Benefits Act;.

(3)In the definition of “the Northern Ireland Department”, at the end insert “but in section 122 and sections 122B to 122E also includes the Department of the Environment for Northern Ireland;”.

The Social Security Administration (Northern Ireland) Act 1992 (c. 8)

13In 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),”.

14(1)Section 167(1) of that Act (interpretation) is amended as follows.

(2)After the definition of “the Consolidated Fund” insert—

“contribution” means a contribution under Part I of the Contributions and Benefits Act;.

(3)In the definition of “the Department”, at the end insert “but in sections 116 and 116B also includes the Department of the Environment;”.

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