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Welfare Reform Act 2012

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Welfare Reform Act 2012, Section 118 is up to date with all changes known to be in force on or before 25 June 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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118Benefit offences: period of sanctionE+W+S

This section has no associated Explanatory Notes

(1)The Social Security Fraud Act 2001 is amended as follows.

(2)Section 6B (loss of benefit in case of conviction, penalty or caution for benefit offence) is amended as follows.

(3)In subsection (11), for “the period of four weeks” there is substituted “ the relevant period ”.

(4)After subsection (11) there is inserted—

(11A)For the purposes of subsection (11) the relevant period is—

(a)in a case falling within subsection (1)(a) where the benefit offence, or one of them, is a relevant offence, the period of three years,

(b)in a case falling within subsection (1)(a) (but not within paragraph (a) above)), the period of 13 weeks, or

(c)in a case falling within subsection (1)(b) or (c), the period of four weeks.

(5)After subsection (13) there is inserted—

(14)In this section and section 7 “relevant offence” means—

(a)in England and Wales, the common law offence of conspiracy to defraud, or

(b)a prescribed offence which, in the offender's case, is committed in such circumstances as may be prescribed, and which, on conviction—

(i)is found by the court to relate to an overpayment (as defined in section 115A(8) of the Administration Act) of at least £50,000,

(ii)is punished by a custodial sentence of at least one year (including a suspended sentence as defined in section 189(7)(b) of the Criminal Justice Act 2003), or

(iii)is found by the court to have been committed over a period of at least two years.

(6)After subsection (14) (inserted by subsection (5) above) there is inserted—

(15)The Secretary of State may by order amend subsection (11A)(a), (b) or (c), or (14)(b)(i), (ii) or (iii) to substitute a different period or amount for that for the time being specified there.

(7)In section 7 (loss of benefit for second or subsequent conviction of benefit offence), after subsection (1) there is inserted—

(1A)The following restrictions do not apply if the benefit offence referred to in subsection (1)(a), or any of them, is a relevant offence.

(8)In section 11 (loss of benefit regulations)—

(a)in the heading, after “benefit” there is inserted “ orders and ”;

(b)in subsection (3) at the end there is inserted—

(e)regulations under section 6B(14) or an order under section 6B(15), or;

(c)in subsection (4) after “make”, in both places, there is inserted “ an order or ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I1S. 118(1)(2) in force at 25.2.2013 for specified purposes by S.I. 2013/358, art. 2(1), Sch. 1 para. 19

I2S. 118(1)(2)(5)(8)(b) in force at 1.4.2013 in so far as not already in force by S.I. 2013/358, art. 6(4)(b)

I4S. 118(5)(8)(b) in force at 25.2.2013 for specified purposes by S.I. 2013/358, art. 2(1), Sch. 1 para. 19

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