Welfare Reform Act 2009

Benefit sanctions for offenders

24 Loss of benefit provisions

(1) Before section 7 of the Social Security Fraud Act 2001 (c. 11) (but after the italic heading immediately before that section) insert—

“6A Meaning of “disqualifying benefit” and “sanctionable benefit” for purposes of sections 6B and 7

(1) In this section and sections 6B and 7—

• “disqualifying benefit” means (subject to any regulations under section 10(1))—

  (a)

  any benefit under the Jobseekers Act 1995 or the Jobseekers (Northern Ireland) Order 1995;

  (b)

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

  (c)

  any benefit under Part 1 of the Welfare Reform Act 2007 or Part 1 of the Welfare Reform Act (Northern Ireland) 2007 (employment and support allowance);

  (d)

  any benefit under the Social Security Contributions and Benefit Act 1992 or the Social Security Contributions and Benefits (Northern Ireland) Act 1992 other than—

  (i)

  maternity allowance;

  (ii)

  statutory sick pay and statutory maternity pay;

  (e)

  any war pension;

• “sanctionable benefit” means (subject to subsection (2) and to any regulations under section 10(1)) any disqualifying benefit other than—

  (a)

  joint-claim jobseeker’s allowance;

  (b)

  any retirement pension;

  (c)

  graduated retirement benefit;

  (d)

  disability living allowance;

  (e)

  attendance allowance;

  (f)

  child benefit;

  (g)

  guardian’s allowance;

  (h)

  a payment out of the social fund in accordance with Part 8 of the Social Security Contributions and Benefits Act 1992;

  (i)

  a payment under Part 10 of that Act (Christmas bonuses).

(2) In their application to Northern Ireland sections 6B and 7 shall have effect as if references to a sanctionable benefit were references only to a war pension.

6B Loss of benefit in case of conviction, penalty or caution for benefit offence

(1) Subsection (4) applies where a person (“the offender”)—

(a) is convicted of one or more benefit offences in any proceedings,

(b) after 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 by reference to an overpayment, in a case where the offence mentioned in subsection (1)(b) of the appropriate penalty provision is a benefit offence, or

(c) is cautioned in respect of one or more benefit offences.

(2) In subsection (1)(b)—

(a) “the appropriate penalty provision” means section 115A of the Administration Act (penalty as alternative to prosecution) or section 109A of the Social Security Administration (Northern Ireland) 1992 (the corresponding provision for Northern Ireland);

(b) “appropriate authority” means—

(i) in relation to section 115A of the Administration Act, the Secretary of State or an authority which administers housing benefit or council tax benefit, and

(ii) in relation to section 109A of the Social Security Administration (Northern Ireland) Act 1992, the Department (within the meaning of that Act) or the Northern Ireland Housing Executive.

(3) Subsection (4) does not apply by virtue of subsection (1)(a) if, because the proceedings in which the offender was convicted constitute the later set of proceedings for the purposes of section 7, the restriction in subsection (2) of that section applies in the offender’s case.

(4) If 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.

(5) Subject to subsections (6) to (10), the sanctionable benefit shall not be payable in the offender’s case for any period comprised in the disqualification period.

(6) 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 124(4) of the Social Security Contributions and Benefits Act 1992 of the amount of the offender’s entitlement for that period were reduced in such manner as may be prescribed.

(7) The Secretary of State 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.

(8) The Secretary of State 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.

(9) The Secretary of State 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.

(10) The Secretary of State may by regulations provide that, where the sanctionable benefit is housing benefit or council tax 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—

(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.

(11) For the purposes of this section the disqualification period, in relation to any disqualifying event, means the period of four weeks 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 Secretary of State.

(12) This section has effect subject to section 6C.

(13) In this section and section 6C—

• “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 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 commencement of this section.

6C Section 6B: supplementary provisions

(1) Where—

(a) the conviction of any person of any offence is taken into account for the purposes of the application of section 6B 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 section 6B that could not have been imposed if the conviction had not taken place.

(2) 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 section 6B in relation to that person—

(a) P’s agreement to pay the penalty is withdrawn under subsection (5) of the appropriate penalty provision, or

(b) it is decided on an appeal or in accordance with regulations under the Social Security Act 1998 or the Social Security (Northern Ireland) Order 1998 that the overpayment 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 6B that could not have been imposed if P had not agreed to pay the penalty.

(3) Where, 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 6B in relation to P, the amount of the overpayment to which the penalty relates is revised on an appeal or in accordance with regulations under the Social Security Act 1998 or the Social Security (Northern Ireland) Order 1998—

(a) section 6B shall cease to apply by virtue of the old agreement, and

(b) subsection (4) shall apply.

(4) Where this subsection applies—

(a) if there is a new disqualifying event consisting of—

(i) P’s agreement to pay a penalty under the appropriate penalty provision in relation to the revised overpayment, or

(ii) P 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 6B ceased to apply by virtue of the old agreement, and

(b) in 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 6B that could not have been imposed if P had not agreed to pay the penalty.

(5) For the purposes of section 6B—

(a) the 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) or in the case mentioned in paragraph (b)(ii) the date of the order for absolute discharge; and

(b) references to a conviction include references to—

(i) a conviction in relation to which the court makes an order for absolute or conditional discharge or a court in Scotland makes a probation order,

(ii) an order for absolute discharge made by a court of summary jurisdiction in Scotland under section 246(3) of the Criminal Procedure (Scotland) Act 1995 without proceeding to a conviction, and

(iii) a conviction in Northern Ireland.

(6) In this section “the appropriate penalty provision” has the meaning given by section 6B(2)(a).”

(2) In Schedule 4—

(a) Part 1 contains further amendments of the Social Security Fraud Act 2001 (c. 11), and

(b) Part 2 contains related amendments of other Acts.

25 Jobseeker’s allowance: sanctions for violent conduct etc. in connection with claim

(1) The Jobseekers Act 1995 (c. 18) is amended as follows.

(2) After section 20B insert—

“Violent conduct etc. in connection with claim

20C Sanctions for violent conduct etc. in connection with claim

(1) This section applies if—

(a) a person (“the offender”) is convicted of, or in England and Wales is cautioned in respect of, an offence involving violence or harassment,

(b) the conduct constituting the offence was done to, or in relation to, a person who was in the course of exercising functions under this Act on any premises,

(c) the conduct occurred while the offender was on those premises for the purposes of a claim to a jobseeker’s allowance, and

(d) the offender is a person, or a member of a joint-claim couple, with respect to whom the conditions for entitlement to a jobseeker’s allowance are or become satisfied.

(2) In the case of a jobseeker’s allowance other than a joint-claim jobseeker’s allowance—

(a) the allowance is not to be payable in respect of the offender for the period of one week beginning with such date as may be prescribed (even though the conditions for entitlement are satisfied); and

(b) on the first occasion (if any) on which another sanctions provision applies in the case of the offender, the sanctions period is to be extended in that case by a period of five weeks.

(3) For the purposes of subsection (2)(b)—

(a) the reference to another sanctions provision is to any provision made by or under this Act (other than subsection (2)) which provides for a jobseeker’s allowance not to be payable for a period; and

(b) the reference to the sanctions period is to the period for which the allowance would (but for subsection (2)(b)) not be payable by virtue of that provision.

(4) In the case of a joint-claim jobseeker’s allowance—

(a) the offender is to be treated as subject to sanctions for the purposes of section 20A for the period of one week beginning with such date as may be prescribed (even though the conditions for entitlement are satisfied); and

(b) on the first occasion (if any) on which another sanctions provision applies in the case of the offender, the sanctions period is to be extended in that case by a period of five weeks.

(5) For the purposes of subsection (4)(b)—

(a) the reference to another sanctions provision is to any provision made by or under this Act (other than subsection (4)) which provides for a member of a joint-claim couple to be (or be treated as being) subject to sanctions for the purposes of section 20A for a period; and

(b) the reference to the sanctions period is to the period for which the member of the couple would (but for subsection (4)(b)) be (or be treated as being) subject to sanctions for those purposes by virtue of that provision.

(6) Regulations may make provision for subsections (2) and (4) not to apply at any time after the end of a prescribed period or otherwise in prescribed circumstances.

(7) Regulations may make provision for an income-based jobseeker’s allowance to be payable in prescribed circumstances even though the preceding provisions of this section prevent payment of it.

This subsection does not apply in the case of a joint-claim jobseeker’s allowance (corresponding provision for which is made by section 20B(4)).

(8) The provision that may be made by regulations by virtue of subsection (7) includes, in particular, provision for the allowance to be—

(a) payable only if prescribed requirements as to the provision of information are complied with;

(b) payable at a prescribed rate;

(c) payable for only part of a week.

(9) If—

(a) a jobseeker’s allowance was not payable, or was payable at a reduced rate, as a result of the application of this section in a case where a person was convicted of an offence involving violence or harassment, and

(b) the person’s conviction is subsequently quashed,

all such payments and other adjustments are to be made as would be necessary if the person had never been convicted of the offence.

20D Section 20C: supplementary

(1) For the purposes of section 20C in its application in relation to England and Wales each of the following is an offence involving violence or harassment—

(a) common assault or battery;

(b) an offence under section 16, 18, 20 or 47 of the Offences against the Person Act 1861;

(c) an offence under section 3, 4, 4A or 5 of the Public Order Act 1986;

(d) an offence under section 2 or 4 of the Protection from Harassment Act 1997;

(e) an offence under section 29, 31 or 32 of the Crime and Disorder Act 1998;

(f) an ancillary offence in relation to an offence within any of paragraphs (a) to (e).

(2) In subsection (1)(f) “ancillary offence”, in relation to an offence, means any of the following—

(a) aiding, abetting, counselling or procuring the commission of the offence;

(b) an offence under Part 2 of the Serious Crime Act 2007 (encouraging or assisting crime) in relation to the offence;

(c) attempting or conspiring to commit the offence.

(3) For the purposes of section 20C in its application in relation to Scotland each of the following is an offence involving violence or harassment—

(a) assault;

(b) a breach of the peace;

(c) an offence under section 50A of the Criminal Law (Consolidation) Scotland Act 1995;

(d) an ancillary offence in relation to an offence within any of paragraphs (a) to (c).

(4) In subsection (3)(d) “ancillary offence”, in relation to an offence, means any of the following—

(a) being art and part in the commission of the offence or counselling or procuring its commission;

(b) inciting a person to commit the offence;

(c) attempting or conspiring to commit the offence.

(5) For the purposes of section 20C references to a conviction include references to a conviction in relation to which the court makes an order for conditional discharge or a court in Scotland makes a probation order.

(6) For the purposes of section 20C “cautioned” means—

(a) cautioned after the person concerned has admitted the offence, or

(b) reprimanded or warned within the meaning given by section 65 of the Crime and Disorder Act 1998.

(7) Regulations may make provision for or in connection with requiring such persons as may be prescribed to notify the Secretary of State about prescribed matters for the purposes of section 20C.

(8) Regulations may amend subsections (1) to (4) by adding or removing an offence.”

(3) In section 37(1)(c) (regulations subject to the affirmative resolution procedure), after “7,” insert “20D(8),”.

(4) In paragraph 3(d) of Schedule 3 to the Social Security Act 1998 (c. 14) (decisions against which an appeal lies: payability of benefit), before “of the Jobseekers Act” insert “or 20C”.

26 Repeal of sections 62 to 66 of the Child Support, Pensions and Social Security Act 2000

In the Child Support, Pensions and Social Security Act 2000 (c. 19), omit sections 62 to 66 (loss of benefit for breach of community order).