Social Security Fraud Act 2001

Structure of the notes

The notes start with a brief overview of the Act as a whole and outline the four main elements contained within the Act. The notes are then divided into four parts which reflect the elements of the Act, and which provide the background to the changes. Each part then finishes with a detailed commentary on the clauses relevant to that part.

CONTENTS

	Page No.
Introduction	1
Contents	2
Overview	5
Information Sharing	8
Obtaining Information: Clauses 1 to 4	8
Summary and background
Clause 1: Additional powers to obtain information.	9
Clause 2: Electronic access to information.	10
Clause 3: Code of practice about use of information powers.	10
Clause 4: Arrangements for payments in respect for information	10
Commentary on Clauses 1 to 4
Clause 1: Additional powers to obtain information	12
Clause 2: Electronic access to information	15
Clause 3: Code of practice about use of information powers	17
Clause 4: Arrangements for payments in respect of information	19
Exchanging Information: Clauses 5 and 6
Summary and background
Clause 5: Exchange of information with overseas authorities	20
Commentary on Clause 5
Exchange of information with overseas authorities	22
Summary and background
Clause 6: Exchange of information by authorities administering benefit	24
Commentary on Clause 6
Exchange of information by authorities administering benefit	24
Loss of benefit provisions: Clauses 7 to 13
Summary and background
Clauses 7 to 13	25
Commentary on clauses 7 to 13
Clause 7: Loss of benefit provisions	29
Clause 8: Effect of offence on joint-claim Jobseeker’s Allowance	30
Clause 9: Effect of offence on benefits for members of offender’s family	31
Clause 10: Power to supplement and mitigate loss of benefit provisions	32
Clause 11: Loss of benefit regulations	33
Clause 12: Consequential amendments	34
Clause 13: Interpretation of sections	34
Penalties as an alternative to prosecution: Clauses 14 and 15
Summary and background
Clause 14: Delegation of functions	35
Commentary on Clause 14
Delegation of functions	37
Summary and background
Clause 15: Colluding employers	38
Commentary on Clause 15
Colluding employers	40
Offences: Clauses 16 and 17
Summary and background
Clause 16: Offence to notify a change of circumstances	42
Commentary on clause 16
Offence of failing to notify a change of circumstances	44
Summary and background
Clause 17: Time limit for proceedings in Scotland	45
Commentary on clause 17
Time limit for proceedings in Scotland	46
Hansard References	47
Commencement	46