Social Security Fraud Act (Northern Ireland) 2001

Loss of benefit for commission of benefit offences N.I.

6.—(1) If—

(a) a person ( “the offender”) is convicted of one or more benefit offences in each of two separate sets of proceedings,

(b) the benefit offence, or one of the benefit offences, of which he is convicted in the later proceedings is one committed within the period of [F1 five years] after the date, or any of the dates, on which he was convicted of a benefit offence in the earlier proceedings,

(c) the later 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 his family,

(d) the earlier set of proceedings has not been taken into account as the earlier set of proceedings 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 his family, and

(e) 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.

(2) Subject to subsections (3) to (5), the sanctionable benefit shall not be payable in the offender's case for any period comprised in the disqualification period.

(3) Where 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.

(4) The 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—

(a) the rate of the allowance were such reduced rate as may be prescribed;

(b) the 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;

(c) the allowance were payable only if the circumstances are otherwise such as may be prescribed.

[F2 (4A) The 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.]

[F3 (4B) The 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—

(a) the rate of the allowance were such reduced rate as may be prescribed;

(b) the 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;

(c) the allowance were payable only if the circumstances are otherwise such as may be prescribed.]

(5) The 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—

(a) the rate of the benefit were reduced in such manner as may be prescribed;

(b) the benefit were payable only if the circumstances are such as may be prescribed.

(6) For the purposes of this section the disqualification period, in relation to the conviction of a person of one or more benefit offences in each of two separate sets of proceedings, means the period of thirteen weeks beginning with and including such date, falling after the date of the conviction in the later set of proceedings, as may be determined by or in accordance with regulations made by the Department.

(7) Where—

(a) the 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, and

(b) that 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.

(8) In this section—

• “benefit offence” means—

  (a)

  any post-commencement offence in connection with a claim for a disqualifying benefit;

  (b)

  any post-commencement offence in connection with the receipt or payment of any amount by way of such a benefit;

  (c)

  any post-commencement offence committed for the purpose of facilitating the commission (whether or not by the same person) of a benefit offence;

  (d)

  any post-commencement offence consisting in an attempt or conspiracy to commit a benefit offence;

• “disqualifying benefit” means (subject to any regulations under section 9(1))—

  (a)

  any benefit under the Jobseekers (Northern Ireland) Order 1995 (NI 15) (in this Act referred to as “the Jobseekers Order”) or the Jobseekers Act 1995 (c. 18);

  (aa)

  [F2 any benefit under the State Pension Credit Act (Northern Ireland) 2002 or the State Pension Credit Act 2002;]

  (ab)

  [F4 any benefit under Part 1 of the Welfare Reform Act (Northern Ireland) 2007 or under Part 1 of the Welfare Reform Act 2007;]

  (b)

  any benefit under the Contributions and Benefits Act or the Social Security Contributions and Benefits Act 1992 (c. 4) other than—

  (i)

  maternity allowance;

  Heads (ii) and (iii) rep. by 2002 c. 21

  (iv)

  statutory sick pay and statutory maternity pay;

  (c)

  any war pension;

• “sanctionable benefit” means (subject to any regulations under section 9(1))—

  (a)

  any benefit under the Jobseekers Order other than joint-claim jobseeker's allowance;

  (aa)

  [F2 any benefit under the State Pension Credit Act (Northern Ireland) 2002;]

  (ab)

  [F5 any benefit under Part 1 of the Welfare Reform Act (Northern Ireland) 2007;]

  (b)

  any benefit under the Contributions and Benefits Act which is a disqualifying benefit other than—

  (i)

  any retirement pension;

  (ii)

  graduated retirement benefit;

  (iii)

  disability living allowance;

  (iv)

  attendance allowance;

  (v)

  child benefit;

  (vi)

  guardian's allowance;

  (vii)

  a payment out of the social fund in accordance with Part VIII of the Contributions and Benefits Act;

  (viii)

  a payment under Part X of that Act (Christmas bonus for pensioners).

(9) For the purposes of this section—

(a) the 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); and

(b) references to a conviction include references to a conviction in relation to which the court makes an order for conditional discharge and to a conviction in Great Britain (including a conviction in relation to which a court in Scotland makes a probation order).

(10) In this section references to any previous application of this section or section 7 or 8—

(a) include references to any previous application of section 7, 8 or 9 of the Social Security Fraud Act 2001 (c. 11); but

(b) do 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.

F1 Words in s. 6(1)(b) substituted (1.4.2008) by Welfare Reform Act (Northern Ireland) 2007 (c. 2), ss. 45(1), 60 (with s. 45(2)); S.R. 2008/147, art. 2(b)

F2 2002 c. 14 (NI)

F3 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. 1

F4 S. 6(8): words in definition of "disqualifying benefit" 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(3)(a); S.R. 2008/276, art. 2(2)(c), Sch. Pt. 1

F5 S. 6(8): words in definition of "sanctionable benefit" 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(3)(b); S.R. 2008/276, art. 2(2)(c), Sch. Pt. 1