Social Security Administration and Tribunal Membership (Scotland) Act 2020

4 Offences

(1) The Social Security (Scotland) Act 2018 is modified as follows.

(2) In section 79(2), after paragraph (f) insert—

“(g) offences.”.

(3) In section 80, after subsection (3) insert—

“(4) The maximum penalty that may be provided for in regulations under section 79 in respect of an offence under those regulations is—

(a) on summary conviction—

(i) imprisonment for a term not exceeding 12 months,

(ii) a fine not exceeding the statutory maximum, or

(iii) both,

(b) on conviction on indictment—

(i) imprisonment for a term not exceeding 5 years,

(ii) a fine, or

(iii) both.”.

(4) After section 80 insert—

“80A Default provision in respect of offences

(1) Sections 71 to 73 (which establish offences) apply in connection with financial assistance given by virtue of top-up assistance regulations as they apply in connection with assistance given under section 24.

(2) But subsection (1) is subject to any contrary provision in top-up assistance regulations.

(3) Where they apply by virtue of subsection (1), sections 71 to 73 apply subject to the following modifications—

(a) a reference to assistance is to be read as a reference to financial assistance provided for by top-up assistance regulations,

(b) a reference to giving notice in accordance with section 56 is to be read as a reference to giving notice in accordance with top-up assistance regulations,

(c) sections 72(3) and 73(3) do not apply unless, in accordance with top-up assistance regulations, the Scottish Ministers have informed the person in question about the way in which notification of a change of circumstances is to be given.

(4) For the avoidance of doubt, the reference in section 74 to an offence under this Act or any regulations made under it includes—

(a) an offence under any of sections 71 to 73 as applied by virtue of subsection (1),

(b) an offence under top-up assistance regulations.

(5) In this section, “top-up assistance regulations” means regulations under section 79.”.