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Welfare Reform Act 2007

Section 49: Loss of benefit for commission of benefit offences

254.Subsection (1) would amend section 7 of the Social Security Fraud Act 2001, which enables benefit entitlement to be removed or reduced where a person is convicted of benefit fraud twice and the second offence was committed within three years of the date of conviction for the first offence. This amendment will extend the period between the date of conviction in the earlier proceedings and the date of commission of the offence in the later proceedings from three to five years. This will have the effect that a person’s benefit may be withdrawn or reduced if they commit a benefit offence, of which they are later convicted, within five years of a conviction for a previous benefit offence.

255.Subsection (2) provides that this amendment should be disregarded when considering whether an offence committed before the date that this section comes into force was committed within the relevant period. Where an offence was committed before the date this section comes into force, the relevant period will remain three years.

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