http://www.legislation.gov.uk/nia/2001/17Social Security Fraud Act (Northern Ireland) 2001An Act to make provision, for the purposes of the law relating to social security, about the obtaining and disclosure of information; and to make provision for restricting the payment of social security benefits in the case of persons convicted of offences relating to such benefits and about the institution of proceedings for such offences; and for connected purposes. 2001-11-29texttext/xmlenStatute Law Database2024-05-20Expert Participation2018-06-27
Social Security Fraud Act (Northern Ireland) 2001s. 5B headingThe Welfare Reform (Northern Ireland) Order 2015art. 119(a)art. 2(2)Social Security Fraud Act (Northern Ireland) 2001s. 5B(1)The Welfare Reform (Northern Ireland) Order 2015art. 119(b)art. 2(2)Social Security Fraud Act (Northern Ireland) 2001s. 5B(1)(c) and wordThe Welfare Reform (Northern Ireland) Order 2015art. 119(c)art. 2(2)Social Security Fraud Act (Northern Ireland) 2001s. 5B(13)The Welfare Reform (Northern Ireland) Order 2015art. 119(d)art. 2(2)Social Security Fraud Act (Northern Ireland) 2001s. 5B(7)(d)The Welfare Reform (Northern Ireland) Order 2015Sch. 2 para. 47(4)art. 2(2)Social Security Fraud Act (Northern Ireland) 2001s. 6(4)(d)The Welfare Reform (Northern Ireland) Order 2015Sch. 2 para. 48(4)art. 2(2)Social Security Fraud Act (Northern Ireland) 2001s. 7(3)(a)The Welfare Reform (Northern Ireland) Order 2015Sch. 2 para. 49(2)(a)art. 2(2)Social Security Fraud Act (Northern Ireland) 2001s. 7(3)(aa)The Welfare Reform (Northern Ireland) Order 2015Sch. 2 para. 49(2)(b)art. 2(2)Social Security Fraud Act (Northern Ireland) 2001s. 7(4)(d)The Welfare Reform (Northern Ireland) Order 2015Sch. 2 para. 49(3)art. 2(2)Social Security Fraud Act (Northern Ireland) 2001s. 7(7)(8)The Welfare Reform (Northern Ireland) Order 2015Sch. 2 para. 49(4)art. 2(2)Social Security Fraud Act (Northern Ireland) 2001s. 10(d)The Welfare Reform (Northern Ireland) Order 2015Sch. 2 para. 52(3)art. 2(2)Social Security Fraud Act (Northern Ireland) 2001s. 5B(5)The Welfare Reform (Northern Ireland) Order 2015Sch. 3 para. 14art. 2(2)Social Security Fraud Act (Northern Ireland) 2001s. 6(2)The Welfare Reform (Northern Ireland) Order 2015Sch. 3 para. 15art. 2(2)Social Security Fraud Act (Northern Ireland) 2001s. 10(3)(c)The Welfare Reform (Northern Ireland) Order 2015Sch. 3 para. 16art. 2(2)Social Security Fraud Act (Northern Ireland) 2001s. 1(5)The Welfare Reform (Northern Ireland) Order 2015Sch. 12 Pt. 1art. 2(2)Social Security Fraud Act (Northern Ireland) 2001s. 2(2)The Welfare Reform (Northern Ireland) Order 2015Sch. 12 Pt. 1art. 2(2)Social Security Fraud Act (Northern Ireland) 2001s. 4(2)(a)(ii)The Welfare Reform (Northern Ireland) Order 2015Sch. 12 Pt. 1art. 2(2)Social Security Fraud Act (Northern Ireland) 2001s. 4(4)The Welfare Reform (Northern Ireland) Order 2015Sch. 12 Pt. 1art. 2(2)Social Security Fraud Act (Northern Ireland) 2001s. 5The Welfare Reform (Northern Ireland) Order 2015Sch. 12 Pt. 1art. 2(2)Social Security Fraud Act (Northern Ireland) 2001s. 5AThe Welfare Reform (Northern Ireland) Order 2015Sch. 12 Pt. 1art. 2(2)Social Security Fraud Act (Northern Ireland) 2001s. 5B(2)(b)(i)The Welfare Reform (Northern Ireland) Order 2015Sch. 12 Pt. 1art. 2(2)Social Security Fraud Act (Northern Ireland) 2001s. 5B(2)(b)(ii)The Welfare Reform (Northern Ireland) Order 2015Sch. 12 Pt. 1art. 2(2)Social Security Fraud Act (Northern Ireland) 2001s. 5B(6)(7)The Welfare Reform (Northern Ireland) Order 2015Sch. 12 Pt. 1art. 2(2)Social Security Fraud Act (Northern Ireland) 2001s. 5B(9)(10)The Welfare Reform (Northern Ireland) Order 2015Sch. 12 Pt. 1art. 2(2)Social Security Fraud Act (Northern Ireland) 2001s. 6(3)(4)The Welfare Reform (Northern Ireland) Order 2015Sch. 12 Pt. 1art. 2(2)Social Security Fraud Act (Northern Ireland) 2001s. 6(4B)(5)The Welfare Reform (Northern Ireland) Order 2015Sch. 12 Pt. 1art. 2(2)Social Security Fraud Act (Northern Ireland) 2001s. 6(10)The Welfare Reform (Northern Ireland) Order 2015Sch. 12 Pt. 1art. 2(2)Social Security Fraud Act (Northern Ireland) 2001s. 6(10)(a)The Welfare Reform (Northern Ireland) Order 2015Sch. 12 Pt. 1art. 2(2)Social Security Fraud Act (Northern Ireland) 2001s. 7The Welfare Reform (Northern Ireland) Order 2015Sch. 12 Pt. 1art. 2(2)Social Security Fraud Act (Northern Ireland) 2001s. 8(1)(a)(b)(bc)(c)The Welfare Reform (Northern Ireland) Order 2015Sch. 12 Pt. 1art. 2(2)Social Security Fraud Act (Northern Ireland) 2001s. 8(3)(4)(4B)(5)The Welfare Reform (Northern Ireland) Order 2015Sch. 12 Pt. 1art. 2(2)Social Security Fraud Act (Northern Ireland) 2001s. 9(2)The Welfare Reform (Northern Ireland) Order 2015Sch. 12 Pt. 1art. 2(2)Social Security Fraud Act (Northern Ireland) 2001s. 10(3)(b)(d)The Welfare Reform (Northern Ireland) Order 2015Sch. 12 Pt. 1art. 2(2)Social Security Fraud Act (Northern Ireland) 2001s. 12The Welfare Reform (Northern Ireland) Order 2015Sch. 12 Pt. 1art. 2(2)Social Security Fraud Act (Northern Ireland) 2001s. 13The Welfare Reform (Northern Ireland) Order 2015Sch. 12 Pt. 1art. 2(2)Social Security Fraud Act (Northern Ireland) 2001s. 5A(d)(iii)The Welfare Reform (Northern Ireland) Order 2015Sch. 12 Pt. 8art. 2(2)Social Security Fraud Act (Northern Ireland) 2001s. 5B(11A)(c)The Welfare Reform (Northern Ireland) Order 2015Sch. 12 Pt. 11art. 2(2)Social Security Fraud Act (Northern Ireland) 2001s. 5B(13)The Welfare Reform (Northern Ireland) Order 2015Sch. 12 Pt. 11art. 2(2)Social Security Fraud Act (Northern Ireland) 2001s. 5C(4)(a)(ii) and wordThe Welfare Reform (Northern Ireland) Order 2015Sch. 12 Pt. 11art. 2(2)Social Security Fraud Act (Northern Ireland) 2001s. 7(8)(a)The Welfare Reform (Northern Ireland) Order 2015Sch. 12 Pt. 11art. 2(2)Social Security Fraud Act (Northern Ireland) 2001s. 8(8)(a)The Welfare Reform (Northern Ireland) Order 2015Sch. 12 Pt. 11art. 2(2)Social Security Fraud Act (Northern Ireland) 2001s. 10(3)The Welfare Reform (Northern Ireland) Order 2015Sch. 12 Pt. 11art. 2(2)Social Security Fraud Act (Northern Ireland) 2001s. 12The Welfare Reform (Northern Ireland) Order 2015Sch. 12 Pt. 11art. 2(2)Social Security Fraud Act (Northern Ireland) 2001Social Security Fraud Act (Northern-Ireland) 2001s. 5B(5)Welfare Reform Act (Northern Ireland) 2010Welfare Reform Act (Northern-Ireland) 2010Sch. 2 para. 7s. 9(3)s. 36(2)Social Security Fraud Act (Northern Ireland) 2001Social Security Fraud Act (Northern-Ireland) 2001s. 5B(6)Welfare Reform Act (Northern Ireland) 2010Welfare Reform Act (Northern-Ireland) 2010Sch. 4 Pt. 1s. 9(3)s. 36(2)Social Security Fraud Act (Northern Ireland) 2001Social Security Fraud Act (Northern-Ireland) 2001s. 6(2)Welfare Reform Act (Northern Ireland) 2010Welfare Reform Act (Northern-Ireland) 2010Sch. 2 para. 8s. 9(3)s. 36(2)Social Security Fraud Act (Northern Ireland) 2001Social Security Fraud Act (Northern-Ireland) 2001s. 6(3)Welfare Reform Act (Northern Ireland) 2010Welfare Reform Act (Northern-Ireland) 2010Sch. 4 Pt. 1s. 9(3)s. 36(2)Social Security Fraud Act (Northern Ireland) 2001Social Security Fraud Act (Northern-Ireland) 2001s. 8(1)(a)Welfare Reform Act (Northern Ireland) 2010Welfare Reform Act (Northern-Ireland) 2010Sch. 4 Pt. 1s. 9(3)s. 36(2)Social Security Fraud Act (Northern Ireland) 2001Social Security Fraud Act (Northern-Ireland) 2001s. 8(3)Welfare Reform Act (Northern Ireland) 2010Welfare Reform Act (Northern-Ireland) 2010Sch. 4 Pt. 1s. 9(3)s. 36(2)Social Security Fraud Act (Northern Ireland) 2001Social Security Fraud Act (Northern-Ireland) 2001s. 10(3)(b)Welfare Reform Act (Northern Ireland) 2010Welfare Reform Act (Northern-Ireland) 2010Sch. 4 Pt. 1s. 9(3)s. 36(2)
Social Security Fraud Act (Northern Ireland) 20012001 CHAPTER 17An Act to make provision, for the purposes of the law relating to social security, about the obtaining and disclosure of information; and to make provision for restricting the payment of social security benefits in the case of persons convicted of offences relating to such benefits and about the institution of proceedings for such offences; and for connected purposes. [15th November 2001]Obtaining and sharing informationAdditional powers to obtain information11The Social Security Administration (Northern Ireland) Act 1992 (c. 8) (in this Act referred to as “the Administration Act”) shall be amended as follows.2In subsection (1)(a) of section 103B (power to require information), after “subsection (2)” there shall be inserted “or (2A)”; and after subsection (2) (persons from whom information may be obtained) there shall be inserted—2AThe persons who fall within this subsection are—aany bank;bany person carrying on a business the whole or a significant part of which consists in the provision of credit (whether secured or unsecured) to members of the public;cany insurance company (within the meaning of the Insurance Companies Act 1982);dany credit reference agency (within the meaning given by section 145(8) of the Consumer Credit Act 1974);eany body the principal activity of which is to facilitate the exchange of information for the purpose of preventing or detecting fraud;fany person carrying on a business the whole or a significant part of which consists in the provision to members of the public of a service for transferring money from place to place;gany person who (within the meaning of the Gas (Northern Ireland) Order 1996) supplies gas conveyed through pipes;hany person who (within the meaning of the Electricity (Northern Ireland) Order 1992) supplies electricity conveyed by distribution systems;iany person who provides a telecommunications service;jany person conducting any educational establishment or institution;kany body the principal activity of which is to provide services in connection with admissions to educational establishments or institutions;lany body to whom functions are delegated by arrangements made under Article 4(3) of the Education (Student Support) (Northern Ireland) Order 1998;many servant or agent of any person mentioned in any of the preceding paragraphs.2BSubject to the following provisions of this section, the powers conferred by this section on an authorised officer to require information from any person by virtue of his falling within subsection (2A) above shall be exercisable for the purpose only of obtaining information relating to a particular person identified (by name or description) by the officer.2CAn authorised officer shall not, in exercise of those powers, require any information from any person by virtue of his falling within subsection (2A) above unless it appears to that officer that there are reasonable grounds for believing that the identified person to whom it relates is—aa person who has committed, is committing or intends to commit a benefit offence; orba person who (within the meaning of Part VII of the Contributions and Benefits Act) is a member of the family of a person falling within paragraph (a) above.2DNothing in subsection (2B) or (2C) above shall prevent an authorised officer who is an official of a government department and whose authorisation states that his authorisation applies for the purposes of this subsection from exercising the powers conferred by this section for obtaining from—aany person who (within the meaning of the Gas (Northern Ireland) Order 1996) supplies gas conveyed through pipes,bany person who (within the meaning of the Electricity (Northern Ireland) Order 1992) supplies electricity conveyed by distribution systems, orcany servant or agent of a person mentioned in either of the preceding paragraphs,any information which relates exclusively to whether and in what quantities gas or electricity are being or have been supplied to residential premises specified or described in the notice by which the information is required.2EThe powers conferred by this section shall not be exercisable for obtaining from any person providing a telecommunications service any information other than information which (within the meaning of section 21 of the Regulation of Investigatory Powers Act 2000) is communications data but not traffic data.2FNothing in subsection (2B) or (2C) above shall prevent an authorised officer from exercising the powers conferred by this section for requiring information, from a person who provides a telecommunications service, about the identity and postal address of a person identified by the authorised officer solely by reference to a telephone number or electronic address used in connection with the provision of such a service.
.3For subsection (5) of that section (protection from self-incrimination) there shall be substituted—5No one shall be required under this section to provide—aany information that tends to incriminate either himself or, in the case of a person who is married, his spouse; orbany information in respect of which a claim to legal professional privilege would be successful in any proceedings;and for the purposes of this subsection it is immaterial whether the information is in documentary form or not.
.4After that subsection there shall be added—6Provision may be made by order—aadding any person to the list of persons falling within subsection (2A) above;bremoving any person from the list of persons falling within that subsection;cmodifying that subsection for the purpose of taking account of any change to the name of any person for the time being falling within that subsection.7In this section—“bank” means—any institution for the time being authorised under a provision of the Banking Act 1987;any person for the time being specified in any of paragraphs 2 to 10 of Schedule 2 to that Act (exempted persons);any person for the time being entitled by virtue of the Banking Co-ordination (Second Council Directive) Regulations 1992 to accept deposits (within the meaning of that Act) in the United Kingdom;“credit” includes a cash loan or any form of financial accommodation, including the cashing of a cheque;“residential premises”, in relation to a supply of gas or electricity, means any premises which—at the time of the supply were premises occupied wholly or partly for residential purposes, orare premises to which that supply was provided as if they were so occupied; and“telecommunications service” has the same meaning as in the Regulation of Investigatory Powers Act 2000.
.5In section 104A(7) (authorisations by the Housing Executive), after paragraph (b) there shall be added; and
cwith the omission of section 103B(2D) above.
.6In section 105(1)(a) (offence of obstruction), for “inspector” there shall be substituted “authorised officer”.7In section 115CA(5) (interpretation of Part VI), for the definition of “benefit offence” there shall be substituted—“benefit offence” means—aany criminal offence in connection with a claim for a relevant social security benefit;bany criminal offence in connection with the receipt or payment of any amount by way of such a benefit;cany criminal offence committed for the purpose of facilitating the commission (whether or not by the same person) of a benefit offence;dany attempt or conspiracy to commit a benefit offence;
.8In section 115CA after subsection (6) there shall be added—7In this section “relevant social security benefit” means a benefit under any provision of the relevant social security legislation.
.9In section 166(2) (Assembly, etc. control of orders and regulations) after paragraph (aa) there shall be inserted—abto any order containing provision adding any person to the list of persons falling within section 103B(2A) above;
.Electronic access to information21After section 103B of the Administration Act there shall be inserted—Power of Department to require electronic access to information103BA1Subject to subsection (2) below, where it appears to the Department—athat a person falling within section 103B(2A) above keeps any electronic records,bthat the records contain or are likely, from time to time, to contain information about any matter that is relevant for any one or more of the purposes mentioned in section 103A(2) above, andcthat facilities exist under which electronic access to those records is being provided, or is capable of being provided, by that person to other persons,the Department may require that person to enter into arrangements under which authorised officers are allowed such access to those records.2An authorised officer—ashall be entitled to obtain information in accordance with arrangements entered into under subsection (1) above only if his authorisation states that his authorisation applies for the purposes of that subsection; andbshall not seek to obtain any information in accordance with any such arrangements other than information which relates to a particular person and could be the subject of a requirement under section 103B above.3The matters that may be included in the arrangements that a person is required to enter into under subsection (1) above may include—arequirements as to the electronic access to records that is to be made available to authorised officers;brequirements as to the keeping of records of the use that is made of the arrangements;crequirements restricting the disclosure of information about the use that is made of the arrangements; anddsuch other incidental requirements as the Department considers appropriate in connection with allowing access to records to authorised officers.4An authorised officer who is allowed access in accordance with any arrangements entered into under subsection (1) above shall be entitled to make copies of, and to take extracts from, any records containing information which he is entitled to require under section 103B above..2After section 104A of that Act there shall be inserted—Power of Housing Executive to require electronic access to information104AA1Subject to subsection (2) below, where it appears to the Housing Executive—athat a person falling within section 103B(2A) above keeps any electronic records,bthat the records contain or are likely, from time to time, to contain information about any matter that is relevant for any one or more of the purposes mentioned in section 104A(2) above, andcthat facilities exist under which electronic access to those records is being provided, or is capable of being provided, by that person to other persons,the Housing Executive may require that person to enter into arrangements under which authorised officers are allowed such access to those records.2An authorised officer—ashall be entitled to obtain information in accordance with arrangements entered into under subsection (1) above only if his authorisation states that his authorisation applies for the purposes of that subsection; andbshall not seek to obtain any information in accordance with any such arrangements other than information which—irelates to a particular person; andiicould be the subject of any such requirement under section 103B above as may be imposed in exercise of the powers conferred by section 104A(7) above.3The matters that may be included in the arrangements that a person is required to enter into under subsection (1) above may include—arequirements as to the electronic access to records that is to be made available to authorised officers;brequirements as to the keeping of records of the use that is made of the arrangements;crequirements restricting the disclosure of information about the use that is made of the arrangements; anddsuch other incidental requirements as the Housing Executive considers appropriate in connection with allowing access to records to authorised officers.4An authorised officer who is allowed access in accordance with any arrangements entered into under subsection (1) above shall be entitled to make copies of, and to take extracts from, any records containing information which he is entitled to make the subject of a requirement such as is mentioned in subsection (2)(b) above.5The Housing Executive shall not—arequire any person to enter into arrangements for allowing authorised officers to have electronic access to any records; orbotherwise than in pursuance of a requirement under this section, enter into any arrangements with a person specified in section 103B(2A) above for allowing anyone acting on behalf of the Housing Executive for purposes connected with any benefit to have electronic access to any private information contained in any records,except with the consent of the Department and subject to any conditions imposed by the Department by the provisions of the consent.6A consent for the purposes of subsection (5) above may be given in relation to a particular case, or in relation to any case that falls within a particular description of cases.7In this section “private information”, in relation to the Housing Executive, means any information held by a person who is not entitled to disclose it to the Housing Executive except in compliance with a requirement imposed by the Housing Executive in exercise of its statutory powers..3In section 105 of that Act (offences)—ain subsection (1)(a), for “or” at the end there shall be substituted—abrefuses or neglects to comply with any requirement under section 103BA or 104AA above or with the requirements of any arrangements entered into in accordance with subsection (1) of that section, or
; andbin subsection (2), for “subsection (1)(b)” there shall be substituted “subsection (1)(ab) or (b)”.Code of practice about use of information powers31The Department shall issue a code of practice relating to the exercise of—athe powers that are exercisable by an authorised officer under section 103B of the Administration Act in relation to the persons mentioned in subsection (2A) of that section; andbthe powers conferred on an authorised officer by sections 103BA and 104AA of that Act.2The Department may —arevise the whole or any part of the code of practice for the time being in force under this section; andbissue a revised code.3Before issuing or revising the code of practice under this section, the Department shall—aprepare and publish a draft of the code, or of the revised code; andbconsider any representations made to it about the draft;and the Department may incorporate in the code it issues any modifications made by it to its proposals after their publication.4The Department shall lay before the Assembly the code of practice, and every revised code, issued by it under this section.5The code of practice issued under this section and any revisions of the code shall come into force at the time at which the code or, as the case may be, the revised code is issued by the Department.6An authorised officer exercising any power in relation to which provision must be made by the code of practice under this section shall have regard, in doing so, to the provisions (so far as they are applicable) of the code for the time being in force under this section.7A failure on the part of any person to comply with any provision of the code of practice for the time being in force under this section shall not of itself render him liable to any civil or criminal proceedings.8The code of practice for the time being in force under this section shall be admissible in evidence in any civil or criminal proceedings.9In this section “authorised officer” has the same meaning as in Part VI of the Administration Act.Arrangements for payments in respect of information41The Department shall ensure that such arrangements (if any) are in force as it thinks appropriate for requiring or authorising, in such cases as it thinks fit, the making of such payments as it considers appropriate in respect of compliance with relevant obligations by any of the following—aa credit reference agency (within the meaning given by section 145(8) of the Consumer Credit Act 1974 (c. 39)) or any servant or agent of such an agency;ba person providing a telecommunications service (within the meaning of the Investigatory Powers Act 2016 ) or any servant or agent of such a person;cany person who (within the meaning of the Gas (Northern Ireland) Order 1996 (NI 2)) supplies gas conveyed through pipes, or any servant or agent of such a person;dany person who (within the meaning of the Electricity (Northern Ireland) Order 1992 (NI 1)) supplies electricity conveyed by distribution systems, or any servant or agent of such a person;eany person added to the list of persons falling within subsection (2A) of section 103B of the Administration Act by an order under subsection (6) of that section, or any person's servant or agent who falls within that subsection by virtue of such an order.fa water undertaker or sewerage undertaker or any servant or agent of such an undertaker.2In subsection (1) “relevant obligation”ain relation to a person falling within paragraph (a), (b) or (e) of that subsection, means—ian obligation to provide information in pursuance of a requirement imposed on that person under section 103B of the Administration Act by virtue only of his falling within subsection (2A) of that section; oriiany obligation to comply, for the purpose of enabling an authorised officer to obtain information which might otherwise be obtained by the imposition of such a requirement, with any requirements imposed on that person under section 103BA or 104AA of that Act; andbin relation to a person falling within paragraph (c) or (d) of that subsection, means any obligation to provide information in pursuance of a requirement imposed by such an exercise of the powers conferred by section 103B of that Act as is mentioned in subsection (2D) of that section.3For the purpose of complying with its duty under this section, the Department may make arrangements for payments to be made out of money appropriated by Act of the Assembly.4The Housing Executive shall comply with such general or specific directions as to the making of payments as may be given by the Department in accordance with any arrangements for the time being in force for the purposes of subsection (1).Supply of information5In section 116D(3) of the Administration Act (supply of information by the Housing Executive), for “prescribed” there shall be substituted “specified in directions given by the Department or, as the case may be, the Secretary of State”.Loss of benefit provisions<Addition ChangeId="d29p909" CommentaryRef="c22043791">Meaning of “disqualifying benefit” and “sanctionable benefit” for purposes of sections 5B and 6</Addition>5AIn this section and sections 5B and 6—“disqualifying benefit” means (subject to any regulations under section 9(1))—state pension or a lump sum under Part 1 of the Pensions Act (Northern Ireland) 2015 or under Part 1 of the Pensions Act 2014; any benefit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015 or Part 1 of the Welfare Reform Act 2012 (universal credit); any benefit under the Jobseekers (Northern Ireland) Order 1995 (in this Act referred to as “the Jobseekers Order”) or the Jobseekers Act 1995;any benefit under the State Pension Credit Act (Northern Ireland) 2002 or the State Pension Credit Act 2002;any benefit under Part 1 of the Welfare Reform Act (Northern Ireland) 2007 or Part 1 of the Welfare Reform Act 2007 (employment and support allowance);any benefit under Part 5 of the Welfare Reform (Northern Ireland) Order 2015 or Part 4 of the Welfare Reform Act 2012 (personal independence payment);bereavement support payment under section 29 of the Pensions Act (Northern Ireland) 2015 or under section 30 of the Pensions Act 2014;any benefit under the Contributions and Benefits Act or the Social Security Contributions and Benefits Act 1992 other than—maternity allowancestatutory sick pay and statutory maternity pay;any war pension;“sanctionable benefit” means (subject to any regulations under section 9(1))— any benefit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015 (universal credit); any benefit under the Jobseekers Order other than joint-claim jobseeker's allowance;any benefit under the State Pension Credit Act (Northern Ireland) 2002;any benefit under Part 1 of the Welfare Reform Act (Northern Ireland) 2007; ...bereavement support payment under section 29 of the Pensions Act (Northern Ireland) 2015; orany benefit under the Contributions and Benefits Act which is a disqualifying benefit other than—any retirement pension;graduated retirement benefit;disability living allowance;attendance allowance;child benefit;guardian's allowance;a payment out of the social fund in accordance with Part 8 of the Contributions and Benefits Act;a payment under Part 10 of that Act (Christmas bonuses).<Addition ChangeId="d29p909" CommentaryRef="c22043791">Loss of benefit in case of conviction, penalty or caution for benefit offence</Addition>5B1Subsection (4) applies where a person (“the offender”)—ais convicted of one or more benefit offences in any proceedings,bafter being given a notice under subsection (2) of the appropriate penalty provision by an appropriate authority, agrees in the manner specified by the appropriate authority to pay a penalty under the appropriate penalty provision to the appropriate authority ..., in a case where the offence to which the notice relates is a benefit offence, orcis cautioned in respect of one or more benefit offences.2In subsection (1)(b)—a“the appropriate penalty provision” means section 109A of the Administration Act (penalty as alternative to prosecution) or section 115A of the Social Security Administration Act 1992 (the corresponding provision for Great Britain);b“appropriate authority” means—iin relation to section 109A of the Administration Act, the Department (within the meaning of that Act) or the Northern Ireland Housing Executive, aniiin relation to section 115A of the Social Security Administration Act 1992, the Secretary of State or an authority which administers housing benefit or council tax benefit.3Subsection (4) does not apply by virtue of subsection (1)(a) if, because the proceedings in which the offender was convicted constitute the current set of proceedings for the purposes of section 6, the restriction in subsection (2) of that section applies in the offender's case.4If this subsection applies and the offender is a person with respect to whom the conditions for an entitlement to a sanctionable benefit are or become satisfied at any time within the disqualification period, then, even though those conditions are satisfied, the following restrictions shall apply in relation to the payment of that benefit in the offender's case.5Subject to subsections (5A) to (10), the sanctionable benefit shall not be payable in the offender's case for any period comprised in the disqualification period.5AThe Department may by regulations provide that, where the sanctionable benefit is universal credit, the benefit shall be payable, during the whole or a part of any period comprised in the disqualification period, as if one or more of the following applied—athe amount payable were reduced in such manner as may be prescribed;bthe benefit were payable only if there is compliance by the offender with such obligations with respect to the provision of information as may be imposed by the regulations;cthe benefit were payable only if the circumstances are otherwise such as may be prescribed;dany amount of the benefit payable in prescribed circumstances were recoverable by the Department.6Where the sanctionable benefit is income support, the benefit shall be payable in the offender's case for any period comprised in the disqualification period as if the applicable amount used for the determination under section 123(4) of the Contributions and Benefits Act of the amount of the offender's entitlement for that period were reduced in such manner as may be prescribed.7The Department may by regulations provide that, where the sanctionable benefit is jobseeker's allowance, any income-based jobseeker's allowance shall be payable, during the whole or a part of any period comprised in the disqualification period, as if one or more of the following applied—athe rate of the allowance were such reduced rate as may be prescribed;bthe allowance were payable only if there is compliance by the offender with such obligations with respect to the provision of information as may be imposed by the regulations;cthe allowance were payable only if the circumstances are otherwise such as may be prescribed.8The Department may by regulations provide that, where the sanctionable benefit is state pension credit, the benefit shall be payable in the offender's case for any period comprised in the disqualification period as if the rate of the benefit were reduced in such manner as may be prescribed.9The Department may by regulations provide that, where the sanctionable benefit is employment and support allowance, any income-related allowance shall be payable, during the whole or a part of any period comprised in the disqualification period, as if one or more of the following applied—athe rate of the allowance were such reduced rate as may be prescribedbthe allowance were payable only if there is compliance by the offender with such obligations with respect to the provision of information as may be imposed by the regulations;cthe allowance were payable only if the circumstances are otherwise such as may be prescribed.10The Department may by regulations provide that, where the sanctionable benefit is housing benefit, the benefit shall be payable, during the whole or a part of any period comprised in the disqualification period, as if one or more of the following applied—athe rate of the benefit were reduced in such manner as may be prescribed;bthe benefit were payable only if the circumstances are such as may be prescribed.11For the purposes of this section the disqualification period, in relation to any disqualifying event, means the relevant period beginning with such date, falling after the date of the disqualifying event, as may be determined by or in accordance with regulations made by the Department.11AFor the purposes of subsection (11) the relevant period is—ain a case falling within subsection (1)(a) where the benefit offence, or one of them, is a relevant offence, the period of three years,bin a case falling within subsection (1)(a) (but not within paragraph (a) above), the period of 13 weeks, orcin a case falling within subsection (1)(b) or (c), the period of four weeks.12This section has effect subject to section 5C.13In this section and section 5C—“benefit offence” means—any post-commencement offence in connection with a claim for a disqualifying benefit;any post-commencement offence in connection with the receipt or payment of any amount by way of such a benefit;any post-commencement offence committed for the purpose of facilitating the commission (whether or not by the same person) of a benefit offence;any post-commencement offence consisting in an attempt or conspiracy to commit a benefit offence;“disqualifying event” means the conviction falling within subsection (1)(a), the agreement falling within subsection (1)(b) or the caution falling within subsection (1)(c);“post-commencement offence” means any criminal offence committed after the coming into operation of this section.14In this section and section 6 “relevant offence” means—athe common law offence of conspiracy to defraud, orba prescribed offence which, in the offender's case, is committed in such circumstances as may be prescribed, and which, on conviction—iis found by the court to relate to an overpayment (as defined in section 109A(8) of the Administration Act) of at least £50,000,iiis punished by a custodial sentence of at least one year (including a suspended sentence as defined in section 33(1) of the Treatment of Offenders Act (Northern Ireland) 1968), oriiiis found by the court to have been committed over a period of at least two years.15The Department 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.<Addition ChangeId="d29p909" CommentaryRef="c22043791">Section 5B: supplementary provisions</Addition>5C1Where—athe conviction of any person of any offence is taken into account for the purposes of the application of section 5B in relation to that person, andbthat conviction is subsequently quashed,all such payments and other adjustments shall be made as would be necessary if no restriction had been imposed by or under section 5B that could not have been imposed if the conviction had not taken place2Where, after the agreement of any person (“P”) to pay a penalty under the appropriate penalty provision is taken into account for the purposes of the application of section 5B in relation to that person—aP's agreement to pay the penalty is withdrawn under subsection (5) of the appropriate penalty provision, orbit is decided on an appeal or in accordance with regulations under the Social Security (Northern Ireland) Order 1998 or the Social Security Act 1998 that any overpayment made 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 section 5B that could not have been imposed if P had not agreed to pay the penalty.3Where, after the agreement (“the old agreement”) of any person (“P”) to pay a penalty under the appropriate penalty provision is taken into account for the purposes of the application of section 5B in relation to P, the amount of any overpayment made to which the penalty relates is revised on an appeal or in accordance with regulations under the Social Security (Northern Ireland) Order 1998 or the Social Security Act 1998—asection 5B shall cease to apply by virtue of the old agreement, andbsubsection (4) shall apply.4Where this subsection applies—aif there is a new disqualifying event consisting of—iP's agreement to pay a penalty under the appropriate penalty provision in relation to the revised overpayment, oriiP being cautioned in relation to the offence to which the old agreement relates,the disqualification period relating to the new disqualifying event shall be reduced by the number of days in so much of the disqualification period relating to the old agreement as had expired when section 5B ceased to apply by virtue of the old agreement, andbin 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 section 5B that could not have been imposed if P had not agreed to pay the penalty.5For the purposes of section 5B—athe date of a person's conviction in any proceedings of a benefit offence shall be taken to be the date on which the person was found guilty of that offence in those proceedings (whenever the person was sentenced); andbreferences to a conviction include references to a conviction in relation to which the court makes an order for absolute or conditional discharge and to a conviction in Great Britain (including a conviction in relation to which a court in Scotland makes a probation order or an order for absolute discharge without proceeding to a conviction).6In this section “the appropriate penalty provision” has the meaning given by section 5B(2)(a).Loss of benefit for <Substitution ChangeId="key-7037ed31edd3dd2b58db5908c86bf113-1499691935609" CommentaryRef="key-7037ed31edd3dd2b58db5908c86bf113">repeated benefit fraud</Substitution> 61If—aa person (“the offender”) is convicted of one or more benefit offences in a set of proceedings (“the current set of proceedings”),bwithin the period of five years ending on the date on which the benefit offence was, or any of them were, committed, one or more disqualifying events occurred in relation to the offender (the event, or the most recent of them, being referred to in this section as “the earlier disqualifying event”),cthe current set of proceedings has not been taken into account for the purposes of any previous application of this section or section 7 or 8 in relation to the offender or any person who was then a member of the offender's family,dthe earlier disqualifying event has not been taken into account as an earlier disqualifying event for the purposes of any previous application of this section or either of those sections in relation to the offender or any person who was then a member of the offender's family, andethe offender is a person with respect to whom the conditions for an entitlement to a sanctionable benefit are or become satisfied at any time within the disqualification period,then, even though those conditions are satisfied, the following restrictions shall apply in relation to the payment of that benefit in the offender's case.1AThe following restrictions do not apply if the benefit offence referred to in subsection (1)(a), or any of them, is a relevant offence.2Subject to subsections (2A) to (5), the sanctionable benefit shall not be payable in the offender's case for any period comprised in the disqualification period.2AThe Department may by regulations provide that, where the sanctionable benefit is universal credit, the benefit shall be payable, during the whole or a part of any period comprised in the disqualification period, as if one or more of the following applied—athe amount payable were reduced in such manner as may be prescribed;bthe benefit were payable only if there is compliance by the offender with such obligations with respect to the provision of information as may be imposed by the regulations;cthe benefit were payable only if the circumstances are otherwise such as may be prescribed;dany amount of the benefit payable in prescribed circumstances were recoverable by the Department.3Where the sanctionable benefit is income support, the benefit shall be payable in the offender's case for any period comprised in the disqualification period as if the applicable amount used for the determination under section 123(4) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7) (in this Act referred to as “the Contributions and Benefits Act”) of the amount of the offender's entitlement for that period were reduced in such manner as may be prescribed.4The Department may by regulations provide that, where the sanctionable benefit is jobseeker's allowance, any income-based jobseeker's allowance shall be payable, during the whole or a part of any period comprised in the disqualification period, as if one or more of the following applied—athe rate of the allowance were such reduced rate as may be prescribed;bthe allowance were payable only if there is compliance by the offender with such obligations with respect to the provision of information as may be imposed by the regulations;cthe allowance were payable only if the circumstances are otherwise such as may be prescribed.4AThe Department may by regulations provide that, where the sanctionable benefit is state pension credit, the benefit shall be payable in the offender's case for any period comprised in the disqualification period as if the rate of the benefit were reduced in such manner as may be prescribed.4BThe Department may by regulations provide that, where the sanctionable benefit is employment and support allowance, any income-related allowance shall be payable, during the whole or a part of any period comprised in the disqualification period, as if one or more of the following applied—athe rate of the allowance were such reduced rate as may be prescribed;bthe allowance were payable only if there is compliance by the offender with such obligations with respect to the provision of information as may be imposed by the regulations;cthe allowance were payable only if the circumstances are otherwise such as may be prescribed.5The Department may by regulations provide that, where the sanctionable benefit is housing benefit, that benefit shall be payable, during the whole or a part of any period comprised in the disqualification period, as if one or both of the following applied—athe rate of the benefit were reduced in such manner as may be prescribed;bthe benefit were payable only if the circumstances are such as may be prescribed.6For the purposes of this section the disqualification period, in an offender's case, means the relevant period beginning with a prescribed date falling after the date of the conviction in the current set of proceedings .6AFor the purposes of subsection (6) the relevant period is—ain a case where, within the period of five years ending on the date on which the earlier disqualifying event occurred, a previous disqualifying event occurred in relation to the offender, the period of three years;bin any other case, 26 weeks.7Where—athe conviction of any person of any offence is taken into account for the purposes of the application of this section in relation to that person, andbthat conviction is subsequently quashed,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 if the conviction had not taken place.7ASubsection (7B) applies where, after the agreement of any person (“P”) to pay a penalty under the appropriate penalty provision is taken into account for the purposes of the application of this section in relation to that person—aP's agreement to pay the penalty is withdrawn under subsection (5) of the appropriate penalty provision,bit is decided on an appeal or in accordance with regulations under the Social Security (Northern Ireland) Order 1998 or the Social Security Act 1998 that any overpayment to which the agreement relates is not recoverable or due, orcthe amount of any overpayment to which the penalty relates is revised on an appeal or in accordance with regulations under the Social Security (Northern Ireland) Order 1998 or the Social Security Act 1998 and there is no new agreement by P to pay a penalty under the appropriate penalty provision in relation to the revised overpayment.7BIn those circumstances, 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 if P had not agreed to pay the penalty.8In this section— “appropriate penalty provision” has the meaning given in section 5B(2)(a); “benefit offence” means—any post-commencement offence in connection with a claim for a disqualifying benefit;any post-commencement offence in connection with the receipt or payment of any amount by way of such a benefit;any post-commencement offence committed for the purpose of facilitating the commission (whether or not by the same person) of a benefit offence;any post-commencement offence consisting in an attempt or conspiracy to commit a benefit offence; “disqualifying event” has the meaning given in section 5B(13). “post-commencement offence” means an offence committed on or after 1 April 2002 (the day on which this section came into operation).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8AWhere a person is convicted of more than one benefit offence in the same set of proceedings, there is to be only one disqualifying event in respect of that set of proceedings for the purposes of this section and—asubsection (1)(b) is satisfied if any of the convictions take place in the five year periods mentioned there;bthe event is taken into account for the purposes of subsection (1)(d) if any of the convictions have been taken into account as mentioned there;cin the case of the earlier disqualifying event mentioned in subsection (6A)(a), the reference there to the date on which the earlier disqualifying event occurred is a reference to the date on which any of the convictions take place;din the case of the previous disqualifying event mentioned in subsection (6A)(a), that provision is satisfied if any of the convictions take place in the five year period mentioned there.9For the purposes of this section—athe date of a person's conviction in any proceedings of a benefit offence shall be taken to be the date on which he was found guilty of that offence in those proceedings (whenever he was sentenced); andbreferences to a conviction include references to a conviction in relation to which the court makes an order for absolute or conditional discharge and to a conviction in Great Britain (including a conviction in relation to which a court in Scotland makes a probation order or an order for absolute discharge without proceeding to a conviction).10In this section references to any previous application of this section or section 7 or 8—ainclude references to any previous application of section 7, 8 or 9 of the Social Security Fraud Act 2001 (c. 11); butbdo not include references to any previous application of this section, or of section 7 or 8, the effect of which was to impose a restriction for a period comprised in the same disqualification period.11The Department may by order amend subsection (6A) to substitute different periods for those for the time being specified there.12An order under subsection (11) may provide for different periods to apply according to the type of earlier disqualifying event or events occurring in any case.Effect of offence on joint-claim jobseeker's allowance71Subsections (2) and (3) shall have effect, subject to the other provisions of this section, where—athe conditions for the entitlement of any joint-claim couple to a joint-claim jobseeker's allowance are or become satisfied at any time; andban offence-related restriction would apply in the case of at least one of the members of the couple if the entitlement were an entitlement of that member to a sanctionable benefit.1AIn this section—a“an offence-related restriction” means the restriction in subsection (5) of section 5B or the restriction in subsection (2) of section 6, andbin 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 5B or 6, as the case requires.2 Except in prescribed circumstances the allowance shall not be payable in the couple's case for so much of any period comprised in the relevant period as is a period for which—ain the case of each of the members of the couple, an offence-related restriction would apply if the entitlement were an entitlement of that member to a sanctionable benefit; orban offence-related restriction would so apply in the case of one of the members of the couple and the other member of the couple—iis a person whose failure sanctionable under Article 21, 21A or 21B of the Jobseekers Order has given rise to a reduction under that Article; orii. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3For any part of any period comprised in the relevant period for which subsection (2) does not apply, the allowance—ashall be payable in the couple's case as if the amount of the allowance were reduced to an amount calculated using the method prescribed for the purposes of this subsection; butbshall be payable only to the member of the couple who is not the person by reference to whose conduct section 5B or 6 would apply.4The Department may by regulations provide in relation to cases to which subsection (2) would otherwise apply that joint-claim jobseeker's allowance shall be payable in a couple's case, during the whole or a part of so much of any period comprised in the relevant period as falls within paragraph (a) or (b) of that subsection, as if one or more of the following applied—athe rate of the allowance were such reduced rate as may be prescribed;bthe allowance were payable only if there is compliance by each of the members of the couple with such obligations with respect to the provision of information as may be imposed by the regulations;cthe allowance were payable only if the circumstances are otherwise such as may be prescribed.5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6Where—athe conviction of any member of a couple for any offence is taken into account for the purposes of the application of this section in relation to that couple, andbthat conviction is subsequently quashed,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 the conviction not taken place.7Where, 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—aM's agreement to pay the penalty is withdrawn under subsection (5) of the appropriate penalty provision, obit is decided on an appeal or in accordance with regulations under the Social Security (Northern Ireland) Order 1998 or the Social Security Act 1998 that any overpayment made 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.8Where, 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 any overpayment made to which the penalty relates is revised on an appeal or in accordance with regulations under the Social Security (Northern Ireland) Order 1998 or the Social Security Act 1998—aif there is a new disqualifying event for the purposes of section 5B 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 5B falls to be determined in accordance with section 5C(4)(a), andbin 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.9In this section “the appropriate penalty provision” has the meaning given by section 5B(2)(a).Effect of offence on benefits for members of offender's family81This section applies to—zauniversal credit;aincome support;bjobseeker's allowance; andbbstate pension credit;bcemployment and support allowance;chousing benefit.2The Department may by regulations make provision in accordance with the following provisions of this section in relation to any case in which—athe conditions for entitlement to any benefit to which this section applies are or become satisfied in the case of any person ( “the offender's family member”);bthat benefit falls to be paid in that person's case for the whole or any part of a period comprised in a period ( “the relevant period”) which is the disqualification period in relation to restrictions imposed under section 5B or 6 in the case of a member of that person's family; and cthat member of that family ( “the offender”) is a person by reference to whom—ithe conditions for the entitlement of the offender's family member to the benefit in question are satisfied; oriithe amount of benefit payable in the case of the offender's family member would fall (apart from any provision made under this section) to be determined.2AIn relation to cases in which the benefit is universal credit, the provision that may be made by virtue of subsection (2) is provision that, in the case of the offender's family member, any universal credit shall be payable, during the whole or a part of any period comprised in the relevant period, as if one or more of the following applied—athe amount payable were reduced in such manner as may be prescribed;bthe benefit were payable only if there is compliance by the offender or the offender's family member, or both of them, with such obligations with respect to the provision of information as may be imposed by the regulations;cthe benefit were payable only if the circumstances are otherwise such as may be prescribed;dany amount of the benefit payable in prescribed circumstances were recoverable by the Department.3In relation to cases in which the benefit is income support, the provision that may be made by virtue of subsection (2) is provision that, in the case of the offender's family member, the benefit shall be payable for the whole or any part of any period comprised in the relevant period as if the applicable amount used for the determination under section 123(4) of the Contributions and Benefits Act of the amount of the offender's entitlement for that period were reduced in such manner as may be prescribed.4In relation to cases in which the benefit is jobseeker's allowance, the provision that may be made by virtue of subsection (2) is provision that, in the case of the offender's family member, any income-based jobseeker's allowance shall be payable, during the whole or a part of any period comprised in the relevant period, as if one or more of the following applied—athe rate of the allowance were such reduced rate as may be prescribed;bthe allowance were payable only if there is compliance by the offender or the offender's family member, or both of them, with such obligations with respect to the provision of information as may be imposed by the regulations;cthe allowance were payable only if the circumstances are otherwise such as may be prescribed.dany amount of the allowance payable in prescribed circumstances were recoverable by the Department.4AIn relation to cases in which the benefit is state pension credit, the provision that may be made by virtue of subsection (2) is provision that, in the case of the offender's family member, the benefit shall be payable for the whole or any part of any period comprised in the relevant period as if the rate of the benefit were reduced in such manner as may be prescribed.4BIn relation to cases in which the benefit is employment and support allowance, the provision that may be made by virtue of subsection (2) is provision that, in the case of the offender's family member, any income-related allowance shall be payable, during the whole or a part of any period comprised in the relevant period, as if one or more of the following applied—athe rate of the allowance were such reduced rate as may be prescribed;bthe allowance were payable only if there is compliance by the offender or the offender's family member, or both of them, with such obligations with respect to the provision of information as may be imposed by the regulations;cthe allowance were payable only if circumstances are otherwise such as may be prescribed.5In relation to cases in which the benefit is housing benefit, the provision that may be made by virtue of subsection (2) is provision that, in the case of the offender's family member, the benefit shall be payable, during the whole or a part of any period comprised in the relevant period, as if one or both of the following applied—athe rate of the benefit were reduced in such manner as may be prescribed;bthe benefit were payable only if the circumstances are such as may be prescribed.6Where—athe conviction of any member of a person's family for any offence is taken into account for the purposes of any restriction imposed by virtue of any regulations under this section, andbthat conviction is subsequently quashed,all such payments and other adjustments shall be made in that person's case as would be necessary if no restriction had been imposed that could not have been imposed had the conviction not taken place.7Where, 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—aM's agreement to pay the penalty is withdrawn under subsection (5) of the appropriate penalty provision, orbit is decided on an appeal or in accordance with regulations under the Social Security (Northern Ireland) Order 1998 or the Social Security Act 1998 that any overpayment made 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 penalty8Where, 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 any overpayment made to which the penalty relates is revised on an appeal or in accordance with regulations under the Social Security (Northern Ireland) Order 1998 or the Social Security Act 1998—aif there is a new disqualifying event for the purposes of section 5B 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 5B falls to be determined in accordance with section 5C(4)(a), andbin 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.9In this section “the appropriate penalty provision” has the meaning given by section 5B(2)(a).Power to supplement and mitigate loss of benefit provisions91The Department may by regulations provide for any social security benefit to be treated for the purposes of sections 5A to 8—aas a disqualifying benefit but not a sanctionable benefit; orbas neither a sanctionable benefit nor a disqualifying benefit.2The Department may by regulations provide for any restriction in section 5B, 6, 7 or 8 not to apply in relation to payments of benefit to the extent of any deduction that (if any payment were made) would fall, in pursuance of provision made by or under any statutory provision, to be made from the payments and paid to a person other than the offender or, as the case may be, a member of his family.3In this section “social security benefit” means—aany benefit under the Contributions and Benefits Act or the Social Security Contributions and Benefits Act 1992 (c. 4);bany benefit under the Jobseekers Order or the Jobseekers Act 1995 (c. 18); orbbany benefit under the State Pension Credit Act (Northern Ireland) 2002 or the State Pension Credit Act 2002;bcany benefit under Part 1 of the Welfare Reform Act (Northern Ireland) 2007 (employment and support allowance) or under Part 1 of the Welfare Reform Act 2007;bdany benefit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015 (universal credit);beany benefit under Part 5 of the Welfare Reform (Northern Ireland) Order 2015 or Part 4 of the Welfare Reform Act 2012 (personal independence payment);bfstate pension or a lump sum under Part 1 of the Pensions Act (Northern Ireland) 2015 or under Part 1 of the Pensions Act 2014;bgbereavement support payment under section 29 of the Pensions Act (Northern Ireland) 2015 or under section 30 of the Pensions Act 2014;cany war pension.Loss of benefit <Addition ChangeId="key-8d8a98c5476140e8ec64cb3de43d5fca-1499763402578" CommentaryRef="key-8d8a98c5476140e8ec64cb3de43d5fca">orders and</Addition> regulations101In sections 5B to 9 “prescribed” means prescribed by or determined in accordance with regulations made by the Department.2Regulations under any of the provisions of sections 5B to 9 shall (except in the case of regulations to which subsection (3) applies) be subject to negative resolution.3Regulations containing (whether alone or with other provisions)—aa provision by virtue of which anything is to be treated for the purposes of section 5B or 6 as a disqualifying benefit but not a sanctionable benefit,ba provision prescribing the manner in which the applicable amount is to be reduced for the purposes of section 5B(6), 6(3) or 8(3),ca provision the making of which is authorised by section 5B(5A), (7) , (8), (9) or (10), 6(2A), (4) , (4A), (4B) or (5), 7(4) or 8(2A), (4) , (4A), (4B) or (5), orda provision prescribing the manner in which the amount of joint-claim jobseeker's allowance is to be reduced for the purposes of section 7(3)(a), orea provision prescribing an offence under section 5B(14)(b),shall be laid before the Assembly after being made and shall take effect on such date as may be specified in the regulations, but shall (without prejudice to the validity of anything done thereunder or to the making of new regulations) cease to have effect upon the expiration of a period of six months from that date unless at some time before the expiration of that period the regulations have been approved by a resolution of the Assembly.3AAn order under section 5B(15) or 6(11) shall be subject to the confirmatory procedure.3BIn this section “the confirmatory procedure” means the procedure described in subsection (3).4Article 74(3) to (6) of the Social Security (Northern Ireland) Order 1998 (NI 10) (regulations and orders) shall apply in relation to a power to make an order or regulations that is conferred by any of the provisions of sections 5B to 9 as it applies in relation to the powers to make an order or regulations that are conferred by that Order.5The provision that may be made in exercise of the powers to make regulations that are conferred by sections 5B to 9 shall include different provision for different areas.Consequential amendments111. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2In paragraph 3 of Schedule 3 to the Social Security (Northern Ireland) Order 1998 (NI 10) (decisions against which an appeal lies), after sub-paragraph (e) there shall be added; or
fsection 6, 7 or 8 of the Social Security Fraud Act (Northern Ireland) 2001.
.3In section 149(5) of the Administration Act (functions of Social Security Advisory Committee in relation to legislation and regulations), in the definition of “the relevant enactments”, after paragraph (af) there shall be inserted—agsections 6 to 10 of the Social Security Fraud Act (Northern Ireland) 2001;
.Interpretation of <Substitution ChangeId="d29p2339" CommentaryRef="c22047871">sections 5A to 11</Substitution>12In this section and sections 5A to 11—“benefit” includes any allowance, payment, credit or loan;“cautioned”, in relation to any person and any offence, means cautioned after the person concerned has admitted the offence;. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .“family” has the same meaning as in Part VII of the Contributions and Benefits Act;“income-based jobseeker's allowance”, “joint-claim jobseeker's allowance” and “joint-claim couple” have the same meanings as in the Jobseekers Order;“income-related allowance” has the same meaning as in Part 1 of the Welfare Reform Act (Northern Ireland) 2007 (employment and support allowance);. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .“sanctionable benefit” has the meaning given by section 5A;“state pension credit” means state pension credit under the State Pension Credit Act (Northern Ireland) 2002;“war pension” has the same meaning as in section 25 of the Social Security Act 1989 (c. 24) (establishment and functions of war pensions committees).Penalties as an alternative to prosecutionDelegation of functions13In section 109A of the Administration Act (penalty as alternative to prosecution), after subsection (7) there shall be inserted—7ASubject to subsection (7B) below, the Department and the Housing Executive may agree that, to the extent determined by the agreement, one may carry out on the other's behalf, or may join in the carrying out of, any of the other's functions under this section.7BSubsection (7A) above shall not authorise any delegation of—athe function of the person by whom any overpayment is recoverable, or to whom it is due, of determining whether or not a notice should be given under subsection (2) above in respect of that overpayment; orbthe power to make regulations for the purposes of paragraph (b) of subsection (2) above.
.Colluding employers141After section 109A of the Administration Act there shall be inserted—Penalty as alternative to prosecution: colluding employers, etc.109B1This section applies where it appears to the Department or the Housing Executive—athat there are grounds for instituting proceedings against any person ( “the responsible person”) for an offence (whether or not under this Act) in respect of any conduct; andbthat the conduct in respect of which there are grounds for instituting the proceedings is conduct falling within subsection (2) below.2Conduct in respect of which there appear to be grounds for instituting proceedings falls within this subsection if—athose proceedings would be for an offence under this Act in connection with an inquiry relating to the employment of relevant employees or of any one or more particular relevant employees; orbit is conduct which was such as to facilitate the commission of a benefit offence by a relevant employee (whether or not such an offence was in fact committed).3The Department or the Housing Executive may give to the responsible person a written notice—aspecifying or describing the conduct in question;bstating that he may be invited to agree to pay a penalty in respect of that conduct;cstating that, if he does so in the manner specified by the Department or the Housing Executive, no criminal proceedings will be instituted against him in respect of that conduct; anddcontaining such information relating to the operation of this section as may be prescribed.4If the recipient of a notice under subsection (3) above agrees, in the specified manner, to pay the penalty—athe amount of the penalty shall be recoverable as a civil debt, and shall be capable of being set off against an amount of relevant benefit payable to the recipient of the notice; andbno criminal proceedings shall be instituted against him in respect of the conduct to which the notice relates;and section 69(10) above shall apply in relation to an amount recoverable by virtue of paragraph (a) above as it applies in relation to an amount recoverable under the provisions mentioned in section 69(8) above.5The amount of the penalty shall be—ain a case in which the conduct in question falls within paragraph (a) of subsection (2) above but not within paragraph (b) of that subsection, £1,000;bin a case in which that conduct falls within paragraph (b) of that subsection and the number of relevant employees by reference to whom it falls within that subsection is five or more, £5,000; andcin any other case, the amount obtained by multiplying £1,000 by the number of relevant employees by reference to whom that conduct falls within that subsection.6The responsible person may withdraw his agreement to pay a penalty under this section by notifying the Department or the Housing Executive, in the manner specified by the Department or the Housing Executive, at any time during the period of 28 days beginning with the day on which he agrees to pay it.7Where the responsible person withdraws his agreement in accordance with subsection (6) above—aso much of the penalty as has already been recovered shall be repaid; andbsubsection (4)(b) above shall not apply.8For the purposes of this section an individual is a relevant employee in relation to any conduct of the responsible person if—athat conduct was at or in relation to a time when that individual was an employee of the responsible person;bthat conduct was at or in relation to a time when that individual was an employee of a body corporate of which the responsible person is or has been a director; orcthe responsible person, in engaging in that conduct, was acting or purporting to act on behalf of, in the interests of or otherwise by reason of his connection with, any person by whom that individual is or has been employed.9In this section—“conduct” includes acts, omissions and statements;“the Department” also includes the Department of Finance and Personnel;“director”in relation to a company (within the meaning of the Companies (Northern Ireland) Order 1986), includes a shadow director;in relation to any such company that is a subsidiary of another, includes any director or shadow director of the other company; andin relation to a body corporate whose affairs are managed by its members, means a member of that body corporate;“employee” means any person who—is employed under a contract of service or apprenticeship, or in an office (including an elective office), orcarries out any work under any contract under which he has undertaken to provide his work,and “employment” shall be construed accordingly;“relevant benefit” means benefit prescribed for the purposes of section 69(8) above;“shadow director” means a shadow director as defined in Article 9(2) of the Companies (Northern Ireland) Order 1986;“subsidiary” means a subsidiary as defined in Article 4 of the Companies (Northern Ireland) Order 1986..2In section 144(8) of the Administration Act (penalties to be paid into the Consolidated Fund) after “109A” there shall be inserted “or 109B”.OffencesOffence of failing to notify a change of circumstances151In section 105A of the Administration Act (dishonest representations for obtaining benefit etc.)—ain subsection (1), paragraphs (c) and (d) (dishonesty in connection with failures to notify the changes of circumstances that are required to be notified by regulations) shall be omitted and the word “or” shall be inserted at the end of paragraph (a); andbafter that subsection there shall be inserted the following subsections—1AA person shall be guilty of an offence if—athere has been a change of circumstances affecting any entitlement of his to any benefit or other payment or advantage under any provision of the relevant social security legislation;bthe change is not a change that is excluded by regulations from the changes that are required to be notified;che knows that the change affects an entitlement of his to such a benefit or other payment or advantage; anddhe dishonestly fails to give a prompt notification of that change in the prescribed manner to the prescribed person.1BA person shall be guilty of an offence if—athere has been a change of circumstances affecting any entitlement of another person to any benefit or other payment or advantage under any provision of the relevant social security legislation;bthe change is not a change that is excluded by regulations from the changes that are required to be notified;che knows that the change affects an entitlement of that other person to such a benefit or other payment or advantage; anddhe dishonestly causes or allows that other person to fail to give a prompt notification of that change in the prescribed manner to the prescribed person.1CThis subsection applies where—athere has been a change of circumstances affecting any entitlement of a person ( “the claimant”) to any benefit or other payment or advantage under any provision of the relevant social security legislation;bthe benefit, payment or advantage is one in respect of which there is another person ( “the recipient”) who for the time being has a right to receive payments to which the claimant has, or (but for the arrangements under which they are payable to the recipient) would have, an entitlement; andcthe change is not a change that is excluded by regulations from the changes that are required to be notified.1DIn a case where subsection (1C) above applies, the recipient shall be guilty of an offence if—ahe knows that the change affects an entitlement of the claimant to a benefit or other payment or advantage under a provision of the relevant social security legislation;bthe entitlement is one in respect of which he has a right to receive payments to which the claimant has, or (but for the arrangements under which they are payable to the recipient) would have, an entitlement; andche dishonestly fails to give a prompt notification of that change in the prescribed manner to the prescribed person.1EIn a case where subsection (1C) above applies, a person other than the recipient shall be guilty of an offence if—ahe knows that the change affects an entitlement of the claimant to a benefit or other payment or advantage under a provision of the relevant social security legislation;bthe entitlement is one in respect of which the recipient has a right to receive payments to which the claimant has, or (but for the arrangements under which they are payable to the recipient) would have, an entitlement; andche dishonestly causes or allows the recipient to fail to give a prompt notification of that change in the prescribed manner to the prescribed person.1FIn any case where subsection (1C) above applies but the right of the recipient is confined to a right, by reason of his being a person to whom the claimant is required to make payments in respect of a dwelling, to receive payments of housing benefit—aa person shall not be guilty of an offence under subsection (1D) or (1E) above unless the change is one relating to one or both of the following—ithe claimant's occupation of that dwelling;iithe claimant's liability to make payments in respect of that dwelling; butbsubsections (1D)(a) and (1E)(a) above shall each have effect as if after “knows” there were inserted “or could reasonably be expected to know”.1GFor the purposes of subsections (1A) to (1E) above a notification of a change is prompt if, and only if, it is given as soon as reasonably practicable after the change occurs.
.2For subsection (1A) of section 106 of that Act (false representations for obtaining benefit etc.) there shall be substituted—1AA person shall be guilty of an offence if—athere has been a change of circumstances affecting any entitlement of his to any benefit or other payment or advantage under any provision of the relevant social security legislation;bthe change is not a change that is excluded by regulations from the changes that are required to be notified;che knows that the change affects an entitlement of his to such a benefit or other payment or advantage; anddhe fails to give a prompt notification of that change in the prescribed manner to the prescribed person.1BA person shall be guilty of an offence under this section if—athere has been a change of circumstances affecting any entitlement of another person to any benefit or other payment or advantage under any provision of the relevant social security legislation;bthe change is not a change that is excluded by regulations from the changes that are required to be notified;che knows that the change affects an entitlement of that other person to such a benefit or other payment or advantage; anddhe causes or allows that other person to fail to give a prompt notification of that change in the prescribed manner to the prescribed person.1CIn a case where subsection (1C) of section 105A above applies, the recipient shall be guilty of an offence if—ahe knows that the change affects an entitlement of the claimant to a benefit or other payment or advantage under a provision of the relevant social security legislation;bthe entitlement is one in respect of which he has a right to receive payments to which the claimant has, or (but for the arrangements under which they are payable to the recipient) would have, an entitlement; andche fails to give a prompt notification of that change in the prescribed manner to the prescribed person.1DIn a case where that subsection applies, a person other than the recipient shall be guilty of an offence if—ahe knows that the change affects an entitlement of the claimant to a benefit or other payment or advantage under a provision of the relevant social security legislation;bthe entitlement is one in respect of which the recipient has a right to receive payments to which the claimant has, or (but for the arrangements under which they are payable to the recipient) would have, an entitlement; andche causes or allows the recipient to fail to give a prompt notification of that change in the prescribed manner to the prescribed person.1ESubsection (1F) of section 105A above applies in relation to subsections (1C) and (1D) above as it applies in relation to subsections (1D) and (1E) of that section.1FFor the purposes of subsections (1A) to (1D) above a notification of a change is prompt if, and only if, it is given as soon as reasonably practicable after the change occurs.
.SupplementalRepeals16The statutory provisions mentioned in the Schedule are hereby repealed to the extent specified in the second column of that Schedule.Commencement171Sections 1 to 16 shall come into operation on such day or days as may be appointed by order made by the Department.2The power under this section to appoint a day for the coming into operation of sections 1 and 2 shall not authorise the appointment for those purposes of any day before the issue of the code of practice that must be issued under section 3.Short title and interpretation181This Act may be cited as the Social Security Fraud Act (Northern Ireland) 2001.2In this Act—“the Administration Act” means the Social Security Administration (Northern Ireland) Act 1992 (c. 8);“the Contributions and Benefits Act” means the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7);“the Department” means the Department for Social Development;“the Jobseekers Order” means the Jobseekers (Northern Ireland) Order 1995 (NI 15);“statutory provision” has the meaning assigned to it by section 1(f) of the Interpretation Act (Northern Ireland) 1954 (c. 33).Schedule — Repeals
Act: certain provisions applied (with modifications) (1.10.2010) by Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) Regulations (Northern Ireland) 2010 (S.R. 2010/312), regs. 1, 16, Sch. 2S. 4(1)(f) added (1.4.2007) by Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/3336 (N.I. 21)), arts. 1(2), 308(1), Sch. 12 para. 45 (with arts. 8(8), 121(3), 307); S.R. 2007/194, art. 2, Sch. 1 Pt. II (subject to art. 3)2002 c. 14 (NI)S. 6(4B) inserted (1.7.2008 for certain purposes otherwise 27.10.2008) by Welfare Reform Act (Northern Ireland) 2007 (c. 2), ss. 28, 60, Sch. 3 para. 14(2); S.R. 2008/276, art. 2(2)(c), Sch. Pt. 1S. 6(8): definition of "post-commencement offence" inserted (13.8.2010) by Welfare Reform Act (Northern Ireland) 2010 (c. 13), ss. 19(2)(a), 36(1)(e), Sch. 3 para. 1(2)(a)S. 6(8): definition of "disqualifying benefit" repealed (13.8.2010) by Welfare Reform Act (Northern Ireland) 2010 (c. 13), ss. 19(2)(a), 36(1)(e), Sch. 3 para. 1(2)(b) (the said repeal is also cited in the repeals Schedule of the amending act in Sch. 4 Pt. 3)S. 6(8): definition of "sanctionable benefit" repealed (13.8.2010) by Welfare Reform Act (Northern Ireland) 2010 (c. 13), ss. 19(2)(a), 36(1)(e), Sch. 3 para. 1(2)(b) (the said repeal is also cited in the repeals Schedule of the amending act in Sch. 4 Pt. 3)S. 6(9) applied by S.R. 2002/79, reg. 2(7) (as substituted (1.9.2011) by Social Security (Loss of Benefit) (Amendment) Regulations (Northern Ireland) 2011 (S.R. 2011/291), reg 2(3))S. 6(9)(b) substituted (13.8.2010) by Welfare Reform Act (Northern Ireland) 2010 (c. 13), ss. 19(2)(a), 36(1)(e), Sch. 3 para. 1(3)Words in s. 7(1)(b) substituted (13.8.2010) by Welfare Reform Act (Northern Ireland) 2010 (c. 13), ss. 19(2)(a), 36(1)(e), Sch. 3 para. 2(2)S. 7(1A) inserted (13.8.2010) by Welfare Reform Act (Northern Ireland) 2010 (c. 13), ss. 19(2)(a), 36(1)(e), Sch. 3 para. 2(3)Words in s. 7(2) substituted (13.8.2010) by Welfare Reform Act (Northern Ireland) 2010 (c. 13), ss. 19(2)(a), 36(1)(e), Sch. 3 para. 2(4)(a)Words in s. 7(2)(a) substituted (13.8.2010) by Welfare Reform Act (Northern Ireland) 2010 (c. 13), ss. 19(2)(a), 36(1)(e), Sch. 3 para. 2(4)(b)Words in s. 7(2)(b) substituted (13.8.2010) by Welfare Reform Act (Northern Ireland) 2010 (c. 13), ss. 19(2)(a), 36(1)(e), Sch. 3 para. 2(4)(c)S. 7(2)(b)(ii) and preceding word repealed (23.9.2010) by Welfare Reform Act (Northern Ireland) 2010 (c. 13), ss. 34(1), 36(2), Sch. 4 Pt. 3; S.R. 2010/327, art. 2(2)(c)(iv)(d)Words in s. 7(3) substituted (13.8.2010) by Welfare Reform Act (Northern Ireland) 2010 (c. 13), ss. 19(2)(a), 36(1)(e), Sch. 3 para. 2(5)(a)Words in s. 7(3)(b) substituted (13.8.2010) by Welfare Reform Act (Northern Ireland) 2010 (c. 13), ss. 19(2)(a), 36(1)(e), Sch. 3 para. 2(5)(b)Words in s. 7(4) substituted (13.8.2010) by Welfare Reform Act (Northern Ireland) 2010 (c. 13), ss. 19(2)(a), 36(1)(e), Sch. 3 para. 2(6)S. 7(7)-(9) added (13.8.2010) by Welfare Reform Act (Northern Ireland) 2010 (c. 13), ss. 19(2)(a), 36(1)(e), Sch. 3 para. 2(7)2002 c. 14 (NI)S. 8(1)(bc) inserted (1.7.2008 for certain purposes otherwise 27.10.2008) by Welfare Reform Act (Northern Ireland) 2007 (c. 2), ss. 28, 60, Sch. 3 para. 14(4); S.R. 2008/276, art. 2(2)(c), Sch. Pt. 1Words in s. 8(2)(b) substituted (13.8.2010) by Welfare Reform Act (Northern Ireland) 2010 (c. 13), ss. 19(2)(a), 36(1)(e), Sch. 3 para. 3(2)S. 8(4B) inserted (1.7.2008 for certain purposes otherwise 27.10.2008) by Welfare Reform Act (Northern Ireland) 2007 (c. 2), ss. 28, 60, Sch. 3 para. 14(5); S.R. 2008/276, art. 2(2)(c), Sch. Pt. 1S. 8(7)-(9) added (13.8.2010) by Welfare Reform Act (Northern Ireland) 2010 (c. 13), ss. 19(2)(a), 36(1)(e), Sch. 3 para. 3(3)Words in s. 9(1) substituted (13.8.2010) by Welfare Reform Act (Northern Ireland) 2010 (c. 13), ss. 19(2)(a), 36(1)(e), Sch. 3 para. 4(2)Words in s. 9(2) inserted (13.8.2010) by Welfare Reform Act (Northern Ireland) 2010 (c. 13), ss. 19(2)(a), 36(1)(e), Sch. 3 para. 4(3)2002 c. 14 (NI)S. 9(3)(bc) inserted (27.10.2008) by Welfare Reform Act (Northern Ireland) 2007 (c. 2), ss. 28, 60, Sch. 3 para. 14(6); S.R. 2008/276, art. 2(2)(d), Sch. Pt. 2Words in s. 10(1) substituted (13.8.2010) by Welfare Reform Act (Northern Ireland) 2010 (c. 13), ss. 19(2)(a), 36(1)(e), Sch. 3 para. 5(2)Words in s. 10(2) substituted (13.8.2010) by Welfare Reform Act (Northern Ireland) 2010 (c. 13), ss. 19(2)(a), 36(1)(e), Sch. 3 para. 5(2)Words in s. 10(3)(a) inserted (13.8.2010) by Welfare Reform Act (Northern Ireland) 2010 (c. 13), ss. 19(2)(a), 36(1)(e), Sch. 3 para. 5(3)(a)Words in s. 10(3)(b) inserted (13.8.2010) by Welfare Reform Act (Northern Ireland) 2010 (c. 13), ss. 19(2)(a), 36(1)(e), Sch. 3 para. 5(3)(b)Words in s. 10(3)(c) inserted (13.8.2010) by Welfare Reform Act (Northern Ireland) 2010 (c. 13), ss. 19(2)(a), 36(1)(e), Sch. 3 para. 5(3)(c)2002 c. 14 (NI)Word in s. 10(3)(c) inserted (27.10.2008) by Welfare Reform Act (Northern Ireland) 2007 (c. 2), ss. 28, 60, Sch. 3 para. 14(7); S.R. 2008/276, art. 2(2)(d), Sch. Pt. 2Words in s. 10(4) substituted (13.8.2010) by Welfare Reform Act (Northern Ireland) 2010 (c. 13), ss. 19(2)(a), 36(1)(e), Sch. 3 para. 5(4)Words in s. 10(5) substituted (13.8.2010) by Welfare Reform Act (Northern Ireland) 2010 (c. 13), ss. 19(2)(a), 36(1)(e), Sch. 3 para. 5(4)S. 11(1) repealed (23.9.2010) by Welfare Reform Act (Northern Ireland) 2010 (c. 13), ss. 34(1), 36(2), Sch. 4 Pt. 3; S.R. 2010/327, art. 2(2)(c)(iv)(d)Words in s. 12 heading substituted (13.8.2010) by Welfare Reform Act (Northern Ireland) 2010 (c. 13), ss. 19(2)(a), 36(1)(e), Sch. 3 para. 6(2)Words in s. 12 substituted (13.8.2010) by Welfare Reform Act (Northern Ireland) 2010 (c. 13), ss. 19(2)(a), 36(1)(e), Sch. 3 para. 6(2)S. 12: definition of "cautioned" inserted (13.8.2010) by Welfare Reform Act (Northern Ireland) 2010 (c. 13), ss. 19(2)(a), 36(1)(e), Sch. 3 para. 6(3)S. 12: definition of "disqualification period" repealed (13.8.2010) by Welfare Reform Act (Northern Ireland) 2010 (c. 13), ss. 19(2)(a), 36(1)(e), Sch. 3 para. 6(4) (the said repeal is also cited in the repeals Schedule of the amending act in Sch. 4 Pt. 3)S. 12: definition of "income-related allowance" inserted (1.7.2008 for certain purposes otherwise 27.10.2008) by Welfare Reform Act (Northern Ireland) 2007 (c. 2), ss. 28, 60, Sch. 3 para. 14(8); S.R. 2008/276, art. 2(2)(c), Sch. Pt. 1S. 12: definition of "post-commencement offence" repealed (13.8.2010) by Welfare Reform Act (Northern Ireland) 2010 (c. 13), ss. 19(2)(a), 36(1)(e), Sch. 3 para. 6(4) (the said repeal is also cited in the repeals Schedule of the amending act in Sch. 4 Pt. 3)S. 12: words in definition of "sanctionable benefit" substituted (13.8.2010) by Welfare Reform Act (Northern Ireland) 2010 (c. 13), ss. 19(2)(a), 36(1)(e), Sch. 3 para. 6(5)2002 c. 14 (NI)Ss. 5A-5C inserted (13.8.2010) by Welfare Reform Act (Northern Ireland) 2010 (c. 13), ss. 19, 36(1)(e)partly exercised by SR 2001/416; 2002/75, 165, 392, 406Words in s. 5B(1)(b) repealed (4.4.2016) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), arts. 2(2), 115(8)(a); S.R. 2016/46, art. 4(b)Words in s. 5B(1)(b) substituted (4.4.2016) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), arts. 2(2), 115(8)(a); S.R. 2016/46, art. 4(b)Words in s. 5C(2)(b) substituted (4.4.2016) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), arts. 2(2), 115(8)(b); S.R. 2016/46, art. 4(b)Words in s. 5C(3) substituted (4.4.2016) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), arts. 2(2), 115(8)(b); S.R. 2016/46, art. 4(b)Words in s. 7(7)(b) substituted (4.4.2016) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), arts. 2(2), 115(8)(b); S.R. 2016/46, art. 4(b)Words in s. 7(8) substituted (4.4.2016) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), arts. 2(2), 115(8)(b); S.R. 2016/46, art. 4(b)Words in s. 8(7)(b) substituted (4.4.2016) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), arts. 2(2), 115(8)(b); S.R. 2016/46, art. 4(b)Words in s. 8(8) substituted (4.4.2016) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), arts. 2(2), 115(8)(b); S.R. 2016/46, art. 4(b)Words in s. 5A inserted (6.4.2016 unless brought into operation earlier by an order under s. 53(1) of the amending Act) by Pensions Act (Northern Ireland) 2015 (c. 5), s. 53(3), Sch. 12 para. 36S. 9(3)(bf) inserted (6.4.2016 unless brought into operation earlier by an order under s. 53(1) of the amending Act) by Pensions Act (Northern Ireland) 2015 (c. 5), s. 53(3), Sch. 12 para. 37Words in s. 5A inserted (2.5.2016) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), art. 2(2), Sch. 9 para. 44; S.R. 2016/215, art. 2(5)(h)(vii)Words in s. 5A(1) inserted (2.5.2016) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), art. 2(2), Sch. 2 para. 46(a); S.R. 2016/215, art. 2(2)(c)(v)(ii)Words in s. 5A(1) inserted (2.5.2016) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), art. 2(2), Sch. 2 para. 46(b); S.R. 2016/215, art. 2(2)(c)(v)(ii)Word in s. 5B(5) substituted (2.5.2016) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), art. 2(2), Sch. 2 para. 47(2); S.R. 2016/215, art. 2(2)(c)(v)(ii)S. 5B(5A) inserted (2.5.2016) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), art. 2(2), Sch. 2 para. 47(3); S.R. 2016/215, art. 2(2)(c)(v)(ii)Word in s. 6(2) substituted (2.5.2016) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), art. 2(2), Sch. 2 para. 48(2); S.R. 2016/215, art. 2(2)(c)(v)(ii)S. 6(2A) inserted (2.5.2016) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), art. 2(2), Sch. 2 para. 48(3); S.R. 2016/215, art. 2(2)(c)(v)(ii)S. 8(1)(za) inserted (2.5.2016) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), art. 2(2), Sch. 2 para. 50(2); S.R. 2016/215, art. 2(2)(c)(v)(ii)Word in s. 8(2)(b) substituted (2.5.2016) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), art. 2(2), Sch. 2 para. 50(3); S.R. 2016/215, art. 2(2)(c)(v)(ii)S. 8(2A) inserted (2.5.2016) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), art. 2(2), Sch. 2 para. 50(4); S.R. 2016/215, art. 2(2)(c)(v)(ii)S. 8(4)(d) inserted (2.5.2016) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), art. 2(2), Sch. 2 para. 50(5); S.R. 2016/215, art. 2(2)(c)(v)(ii)S. 9(3)(bd) inserted (2.5.2016) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), art. 2(2), Sch. 2 para. 51; S.R. 2016/215, art. 2(2)(c)(v)(ii)S. 9(3)(be) inserted (2.5.2016) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), art. 2(2), Sch. 9 para. 45; S.R. 2016/215, art. 2(5)(h)(vii)Words in s. 10(3)(c) substituted (2.5.2016) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), art. 2(2), Sch. 2 para. 52(2)(a); S.R. 2016/215, art. 2(2)(c)(v)(ii)Words in s. 10(3)(c) substituted (2.5.2016) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), art. 2(2), Sch. 2 para. 52(2)(b); S.R. 2016/215, art. 2(2)(c)(v)(ii)Words in s. 10(3)(c) substituted (2.5.2016) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), art. 2(2), Sch. 2 para. 52(2)(c); S.R. 2016/215, art. 2(2)(c)(v)(ii)Words in s. 5B(11) substituted (2.5.2016 for specified purposes, 9.9.2016 in so far as not already in operation) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), arts. 2(2), 117(3); S.R. 2016/215, art. 2(6)(d); S.R. 2016/325, art. 2(3)S. 5B(11A) inserted (2.5.2016 for specified purposes, 9.9.2016 in so far as not already in operation) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), arts. 2(2), 117(4); S.R. 2016/215, art. 2(6)(d); S.R. 2016/325, art. 2(3)S. 5B(14) inserted (2.5.2016 for specified purposes, 9.9.2016 in so far as not already in operation) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), arts. 2(2), 117(5); S.R. 2016/215, art. 2(6)(d); S.R. 2016/325, art. 2(3)S. 5B(15) inserted (2.5.2016 for specified purposes, 9.9.2016 in so far as not already in operation) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), arts. 2(2), 117(6); S.R. 2016/215, art. 2(6)(d); S.R. 2016/325, art. 2(3)S. 6(1A) inserted (2.5.2016 for specified purposes, 9.9.2016 in so far as not already in operation) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), arts. 2(2), 117(7); S.R. 2016/215, art. 2(6)(d); S.R. 2016/325, art. 2(3)Words in s. 10 inserted (2.5.2016 for specified purposes, 9.9.2016 in so far as not already in operation) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), arts. 2(2), 117(8)(a); S.R. 2016/215, art. 2(6)(d); S.R. 2016/325, art. 2(3)S. 10(3)(e) and preceding word inserted (2.5.2016 for specified purposes, 9.9.2016 in so far as not already in operation) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), arts. 2(2), 117(8)(b); S.R. 2016/215, art. 2(6)(d); S.R. 2016/325, art. 2(3)S. 10(3A)(3B) inserted (2.5.2016 for specified purposes, 9.9.2016 in so far as not already in operation) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), arts. 2(2), 117(8)(c); S.R. 2016/215, art. 2(6)(d); S.R. 2016/325, art. 2(3)Words in s. 10(4) inserted (2.5.2016 for specified purposes, 9.9.2016 in so far as not already in operation) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), arts. 2(2), 117(8)(d); S.R. 2016/215, art. 2(6)(d); S.R. 2016/325, art. 2(3)Words in s. 5B(3) substituted (2.5.2016 for specified purposes, 9.9.2016 in so far as not already in operation) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), arts. 2(2), 118(2); S.R. 2016/215, art. 2(6)(d); S.R. 2016/325, art. 2(3)Words in s. 6 substituted (2.5.2016 for specified purposes, 9.9.2016 in so far as not already in operation) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), arts. 2(2), 118(4); S.R. 2016/215, art. 2(6)(d); S.R. 2016/325, art. 2(3)S. 6(1)(a)-(e) substituted (2.5.2016 for specified purposes, 9.9.2016 in so far as not already in operation) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), arts. 2(2), 118(5); S.R. 2016/215, art. 2(6)(d); S.R. 2016/325, art. 2(3)Words in s. 6(6) substituted (2.5.2016 for specified purposes, 9.9.2016 in so far as not already in operation) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), arts. 2(2), 118(6); S.R. 2016/215, art. 2(6)(d); S.R. 2016/325, art. 2(3)S. 6(6A) inserted (2.5.2016 for specified purposes, 9.9.2016 in so far as not already in operation) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), arts. 2(2), 118(7); S.R. 2016/215, art. 2(6)(d); S.R. 2016/325, art. 2(3)S. 6(7A)(7B) inserted (2.5.2016 for specified purposes, 9.9.2016 in so far as not already in operation) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), arts. 2(2), 118(8); S.R. 2016/215, art. 2(6)(d); S.R. 2016/325, art. 2(3)Words in s. 6(8) inserted (2.5.2016 for specified purposes, 9.9.2016 in so far as not already in operation) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), arts. 2(2), 118(9); S.R. 2016/215, art. 2(6)(d); S.R. 2016/325, art. 2(3)S. 6(8A) inserted (2.5.2016 for specified purposes, 9.9.2016 in so far as not already in operation) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), arts. 2(2), 118(10); S.R. 2016/215, art. 2(6)(d); S.R. 2016/325, art. 2(3)S. 6(11)(12) inserted (2.5.2016 for specified purposes, 9.9.2016 in so far as not already in operation) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), arts. 2(2), 118(11); S.R. 2016/215, art. 2(6)(d); S.R. 2016/325, art. 2(3)Words in s. 10(3A) inserted (2.5.2016 for specified purposes, 9.9.2016 in so far as not already in operation) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), arts. 2(2), 118(12); S.R. 2016/215, art. 2(6)(d); S.R. 2016/325, art. 2(3)Words in s. 5A inserted (6.4.2017) by Pensions Act (Northern Ireland) 2015 (c. 5), s. 53(1), Sch. 16 para. 42; S.R. 2017/44, art. 2(2) (with arts. 3 4)Word in s. 5A omitted (6.4.2017) by virtue of Pensions Act (Northern Ireland) 2015 (c. 5), s. 53(1), Sch. 16 para. 43(a); S.R. 2017/44, art. 2(2) (with arts. 3 4)Words in s. 5A inserted (6.4.2017) by Pensions Act (Northern Ireland) 2015 (c. 5), s. 53(1), Sch. 16 para. 43(b); S.R. 2017/44, art. 2(2) (with arts. 3 4)S. 9(3)(bg) inserted (6.4.2017) by Pensions Act (Northern Ireland) 2015 (c. 5), s. 53(1), Sch. 16 para. 44; S.R. 2017/44, art. 2(2) (with arts. 3 4)Words in s. 7(2) inserted (2.5.2016 for specified purposes, 27.9.2017 in so far as not already in operation) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), art. 2(2), Sch. 7 para. 12(2)(a); S.R. 2016/215, art. 2(3)(a)(iv); S.R. 2017/190, art. 3(1)(2)(h)S. 7(2)(b)(i) substituted (2.5.2016 for specified purposes, 27.9.2017 in so far as not already in operation) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), art. 2(2), Sch. 7 para. 12(2)(b); S.R. 2016/215, art. 2(3)(a)(iv); S.R. 2017/190, art. 3(1)(2)(h)S. 7(5) repealed (27.9.2017) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), art. 2(2), Sch. 7 para. 12(3); S.R. 2017/190, art. 3(1)(2)(h)Words in s. 4(1)(b) substituted (27.6.2018) by Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 para. 10 (with Sch. 9 paras. 7, 8, 10); S.I. 2018/652, reg. 12(g)(iii)