Welfare Reform Act 2012

Social Security Fraud Act 2001 (c. 11)E+W+S

56E+W+SThe Social Security Fraud Act 2001 is amended as follows.

Commencement Information

I1Sch. 2 para. 56 in force at 25.2.2013 for specified purposes by S.I. 2013/358, art. 6(3)

I2Sch. 2 para. 56 in force at 1.4.2013 for specified purposes by S.I. 2013/358, art. 6(4)(d)(ii)

57E+W+SIn section 6A (definitions), in subsection (1), in the definition of “disqualifying benefit”, at the beginning there is inserted—

“(za)any benefit under Part 1 of the Welfare Reform Act 2012 (universal credit) or under any provision having effect in Northern Ireland corresponding to that Part;”.

Commencement Information

58(1)Section 6B (loss of benefit in case of conviction, penalty or caution for benefit offence) is amended as follows.E+W+S

(2)In subsection (5), for “(6)” there is substituted “ (5A) ”.

(3)After subsection (5) there is inserted—

“(5A)The Secretary of State 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—

(a)the amount payable were reduced in such manner as may be prescribed;

(b)the 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;

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

(d)any amount of the benefit payable in prescribed circumstances were recoverable by the Secretary of State.”

(4)In subsection (7), after paragraph (c) there is inserted—

“(d)any amount of the allowance payable in prescribed circumstances were recoverable by the Secretary of State.”

Commencement Information

I4Sch. 2 para. 58(1) in force at 25.2.2013 for specified purposes by S.I. 2013/358, art. 6(1)(2)(a)

I5Sch. 2 para. 58(1) in force at 1.4.2013 for specified purposes by S.I. 2013/358, art. 6(4)(d)(ii)

59(1)Section 7 (loss of benefit for second or subsequent conviction of benefit offence) is amended as follows.E+W+S

(2)In subsection (2), for “(3)” there is substituted “ (2A) ”.

(3)After subsection (2) there is inserted—

“(2A)The Secretary of State 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—

(a)the amount payable were reduced in such manner as may be prescribed;

(b)the 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;

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

(d)any amount of the benefit payable in prescribed circumstances were recoverable by the Secretary of State.”

(4)In subsection (4), after paragraph (c) there is inserted—

“(d)any amount of the allowance payable in prescribed circumstances were recoverable by the Secretary of State.”

Commencement Information

I8Sch. 2 para. 59(1) in force at 25.2.2013 for specified purposes by S.I. 2013/358, art. 6(1)(2)(b)

I9Sch. 2 para. 59(1) in force at 1.4.2013 for specified purposes by S.I. 2013/358, art. 6(4)(d)(ii)

I11Sch. 2 para. 59(3) in force at 25.2.2013 by S.I. 2013/358, art. 6(1)(2)(b)

Prospective

60(1)Section 8 (effect of offence on joint-claim jobseeker's allowance) is amended as follows.E+W+S

(2)In subsection (3)—

(a)for “but” at the end of paragraph (a) there is substituted “ and ”;

(b)after paragraph (a) there is inserted—

“(aa)shall be payable in the couple's case as if any amount of the allowance payable in prescribed circumstances were recoverable by the Secretary of State; but”.

(3)In subsection (4), after paragraph (c) there is inserted—

“(d)any amount of the allowance payable in prescribed circumstances were recoverable by the Secretary of State.”

(4)In the opening words to subsections (7) and (8) the words “by virtue of any regulations” are repealed.

61(1)Section 9 (effect of offence on benefits for members of offender's family) is amended as follows.E+W+S

(2)In subsection (1), before paragraph (a) there is inserted—

“(za)universal credit;”.

(3)In subsection (2), for “or” at the end of paragraph (b) there is substituted “ and ”.

(4)After subsection (2) there is inserted—

“(2A)In 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—

(a)the amount payable were reduced in such manner as may be prescribed;

(b)the 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;

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

(d)any amount of the benefit payable in prescribed circumstances were recoverable by the Secretary of State.”

(5)In subsection (4), after paragraph (c) there is inserted—

“(d)any amount of the allowance payable in prescribed circumstances were recoverable by the Secretary of State.”

Commencement Information

I12Sch. 2 para. 61(1) in force at 25.2.2013 for specified purposes by S.I. 2013/358, art. 6(1)(2)(c)

62E+W+SIn section 10(3) (power to supplement and mitigate loss of benefit provisions) after paragraph (bc) there is inserted—

“(bd)any benefit under Part 1 of the Welfare Reform Act 2012 (universal credit) or under any provision having effect in Northern Ireland corresponding to that Part;”.

Commencement Information

I14Sch. 2 para. 62 in force at 1.4.2013 by S.I. 2013/358, art. 6(4)(d)(ii)

63(1)In section 11 (loss of benefit regulations), subsection (3) is amended as follows.E+W+S

(2)In paragraph (c)—

(a)for “6B(7)” there is substituted “ 6B(5A), (7) ”;

(b)for “7(4)” there is substituted “ 7(2A), (4) ”;

(c)for “9(4)” there is substituted “ 9(2A), (4) ”.

(3)In paragraph (d) at the end there is inserted “or (aa)”.

Commencement Information

I15Sch. 2 para. 63(1) in force at 25.2.2013 for specified purposes by S.I. 2013/358, art. 6(1)(2)(d)

I16Sch. 2 para. 63(2) in force at 25.2.2013 by S.I. 2013/358, art. 6(1)(2)(d)