Search Legislation

Welfare Reform Act 2009

Changes over time for: Part 1

 Help about opening options

Changes to legislation:

Welfare Reform Act 2009, Part 1 is up to date with all changes known to be in force on or before 21 July 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

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Part 1 U.K.Further amendments of Social Security Fraud Act 2001

1In this Part of this Schedule “the 2001 Act” means the Social Security Fraud Act 2001 (c. 11).

Commencement Information

I1Sch. 4 para. 1 in force at 12.1.2010 for specified purposes by S.I. 2010/45, art. 2(1)

I2Sch. 4 para. 1 in force at 1.4.2010 in so far as not already in force by S.I. 2010/45, art. 2(2)

2(1)Section 7 of the 2001 Act (loss of benefit for commission of benefit offences) is amended as follows.U.K.

(2)In subsection (8)—

(a)after the definition of “benefit offence” insert—

post-commencement offence” means an offence committed on or after 1 April 2002 (the day on which this section came into force)., and

(b)omit the definitions of “disqualifying benefit” and “sanctionable benefit”.

(3)In subsection (9)—

(a)in paragraph (a), after “sentenced)” insert “ or in the case mentioned in paragraph (b)(ii) the date of the order for absolute discharge ”, and

(b)for paragraph (b) substitute—

(b)references to a conviction include references to—

(i)a conviction in relation to which the court makes an order for absolute or conditional discharge or a court in Scotland makes a probation order,

(ii)an order for absolute discharge made by a court of summary jurisdiction in Scotland under section 246(3) of the Criminal Procedure (Scotland) Act 1995 without proceeding to a conviction, and

(iii)a conviction in Northern Ireland..

(4)Omit subsection (11).

(5)In the heading, for “commission of benefit offences” substitute “ second or subsequent conviction of benefit offence ”.

Commencement Information

I3Sch. 4 para. 2 in force at 12.1.2010 for specified purposes by S.I. 2010/45, art. 2(1)

I4Sch. 4 para. 2 in force at 1.4.2010 in so far as not already in force by S.I. 2010/45, art. 2(2)

3(1)Section 8 of the 2001 Act (effect of offence on joint-claim jobseeker's allowance) is amended as follows.U.K.

(2)In subsection (1)(b), for “the restriction in subsection (2) of section 7” substitute “ an offence-related restriction ”.

(3)After subsection (1) insert—

(1A)In this section—

(a)an offence-related restriction” means the restriction in subsection (5) of section 6B or the restriction in subsection (2) of section 7, and

(b)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.

(4)In subsection (2)—

(a)for “the disqualification period” substitute “ the relevant period ”,

(b)in paragraph (a), for “the restriction in subsection (2) of section 7” substitute “ an offence-related restriction ”, and

(c)in paragraph (b), for “that restriction” substitute “ an offence-related restriction ”.

(5)In subsection (3)—

(a)for “the disqualification period” substitute “ the relevant period ”, and

(b)in paragraph (b), for “convictions section 7” substitute “ conduct section 6B or 7 ”.

(6)In subsection (4), for “the disqualification period” substitute “ the relevant period ”.

(7)After subsection (6) insert—

(7)Where, after the agreement of any member of a couple (“M”) to pay a penalty under the appropriate penalty provision is taken into account for the purposes of any restriction imposed by virtue of any regulations under this section—

(a)M's agreement to pay the penalty is withdrawn under subsection (5) of the appropriate penalty provision, or

(b)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 the overpayment to which the agreement relates is not recoverable or due,

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.

(8)Where, after the agreement (“the old agreement”) of any member of a couple (“M”) to pay a penalty under the appropriate penalty provision is taken into account for the purposes of any restriction imposed by virtue of any regulations under this section, the amount of the 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—

(a)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

(b)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.

(9)In this section “the appropriate penalty provision” has the meaning given by section 6B(2)(a).

Commencement Information

I5Sch. 4 para. 3 in force at 12.1.2010 for specified purposes by S.I. 2010/45, art. 2(1)

I6Sch. 4 para. 3 in force at 1.4.2010 in so far as not already in force by S.I. 2010/45, art. 2(2)

4(1)Section 9 of the 2001 Act (effect of offence on benefits for members of offender's family) is amended as follows.U.K.

(2)In subsection (2)(b), for “section 7” substitute “ section 6B or 7 ”.

(3)After subsection (6) insert—

(7)Where, after the agreement of any member of a person's family (“M”) to pay a penalty under the appropriate penalty provision is taken into account for the purposes of any restriction imposed by virtue of any regulations under this section—

(a)M's agreement to pay the penalty is withdrawn under subsection (5) of the appropriate penalty provision, or

(b)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 the overpayment to which the agreement relates is not recoverable or due,

all such payments and other adjustments shall be made as would be necessary if no restriction had been imposed that could not have been imposed had M not agreed to pay the penalty.

(8)Where, after the agreement (“the old agreement”) of any member of a person's family (“M”) to pay a penalty under the appropriate penalty provision is taken into account for the purposes of any restriction imposed by virtue of any regulations under this section, the amount of the 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—

(a)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

(b)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.

(9)In this section “the appropriate penalty provision” has the meaning given by section 6B(2)(a).

Commencement Information

I7Sch. 4 para. 4 in force at 12.1.2010 for specified purposes by S.I. 2010/45, art. 2(1)

I8Sch. 4 para. 4 in force at 1.4.2010 in so far as not already in force by S.I. 2010/45, art. 2(2)

5(1)Section 10 of the 2001 Act (power to supplement and mitigate loss of benefit provisions) is amended as follows.U.K.

(2)In subsection (1), for “sections 7 to 9” substitute “ sections 6A to 9 ”.

(3)In subsection (2), after “section” insert “ 6B, ”.

Commencement Information

I9Sch. 4 para. 5 in force at 12.1.2010 for specified purposes by S.I. 2010/45, art. 2(1)

I10Sch. 4 para. 5 in force at 1.4.2010 in so far as not already in force by S.I. 2010/45, art. 2(2)

6(1)Section 11 of the 2001 Act (loss of benefit regulations) is amended as follows.U.K.

(2)In subsections (1) and (2), for “sections 7 to 10” substitute “ sections 6B to 10 ”.

(3)In subsection (3)—

(a)in paragraph (a), after “section” insert “ 6B or ”,

(b)in paragraph (b), after “section” insert “ 6B(6), ”, and

(c)in paragraph (c), after “section” insert “ 6B(7), (8), (9) or (10), ”.

(4)In subsections (4) and (5), for “sections 7 to 10” substitute “ sections 6B to 10 ”.

Commencement Information

I11Sch. 4 para. 6 in force at 12.1.2010 for specified purposes by S.I. 2010/45, art. 2(1)

I12Sch. 4 para. 6 in force at 1.4.2010 in so far as not already in force by S.I. 2010/45, art. 2(2)

7(1)Section 13 of the 2001 Act (interpretation of sections 7 to 12) is amended as follows.U.K.

(2)For the words “sections 7 to 12”, both in the section and in the heading to the section, substitute “ sections 6A to 12 ”.

(3)After the definition of “benefit” insert—

cautioned”, in relation to any person and any offence, means cautioned after the person concerned has admitted the offence; and “caution” is to be interpreted accordingly;.

(4)Omit the definitions of “disqualification period” and “post-commencement offence”.

(5)In the definition of “sanctionable benefit”, for “section 7(8)” substitute “ section 6A(1) ”.

Commencement Information

I13Sch. 4 para. 7 in force at 12.1.2010 for specified purposes by S.I. 2010/45, art. 2(1)

I14Sch. 4 para. 7 in force at 1.4.2010 in so far as not already in force by S.I. 2010/45, art. 2(2)

8In section 21(2) of the of the 2001 Act (extent), after “sections 5(2),” insert “ 6A, 6B and 6C ”.

Commencement Information

I15Sch. 4 para. 8 in force at 12.1.2010 for specified purposes by S.I. 2010/45, art. 2(1)

I16Sch. 4 para. 8 in force at 1.4.2010 in so far as not already in force by S.I. 2010/45, art. 2(2)

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources