The Social Security (Loss of Benefit) Regulations 2001

Explanatory Note

(This note is not part of the Regulations)

These Regulations are made by virtue of, or in consequence of, sections 7 to 13 of the Social Security Fraud Act 2001 (c. 11) (“the Act”) and relate to restrictions in payment of certain benefits which apply where a person has been convicted of one or more benefit offences in each of two separate proceedings and one offence is committed within three years of the conviction for another such offence.

The Regulations are made before the end of the period of six months beginning with the coming into force of the relevant provisions in the Act and are therefore exempt from the requirement in section 172(1) of the Social Security Administration Act 1992 (c. 5) to refer proposals to make these Regulations to the Social Security Advisory Committee.

Part I contains provisions relating to citation, commencement and interpretation. The Regulations come into force on 1st April 2002. Regulation 2 prescribes what is to be the disqualification period for the purposes of the imposition of the loss of benefit or reduction in the amount payable.

Part II prescribes what are to be the reductions in income support or joint-claim jobseeker’s allowance when the restrictions apply.

Part III makes provision for an income-based jobseeker’s allowance to be paid where the claimant is a person in hardship and Part IV makes provision for a joint-claim jobseeker’s allowance to be paid where a joint-claim couple are a couple in hardship.

Part V makes provision regarding reductions in housing benefit and council tax benefit during the disqualification period or the relevant period and when those benefits remain payable during those periods.

Part VI prescribes certain benefits which are to be disqualifying but not sanctionable benefits and that the restrictions in sections 7 to 9 of the Act are not to apply to deductions from benefit for, or in place of, child support maintenance.

Part VII amends the Social Security and Child Support (Decisions and Appeals) Regulations 1999 (S.I. 1999/991) so that no appeal to the tribunal lies on the ground that a conviction which led to the restriction was erroneous and the Pensions Appeal Tribunals (Additional Rights of Appeal) Regulations 2001 (S.I. 2001/1031) to give a right of appeal to the Pensions Appeal Tribunal where the restriction affects a war pension.

These Regulations do not impose a charge on business.