The Social Security (Loss of Benefit)(Amendment) Regulations 2013

Insertion of regulation 2A

6.  After regulation 2 insert—

“Prescribed offences: section 6B(14)(b) of the Act

2A.— (1) Paragraphs (2) to (4) prescribe offences which are relevant offences for the purpose of sections 6B and 7 of the Act where section 6B(14)(b)(i), (ii) or (iii) of the Act applies.

(2) In England and Wales, offences under—

(a) section 8 of the Accessories and Abettors Act 1861(1);

(b) section 1 of the Criminal Law Act 1977(2);

(c) section 1, 3, 4 or 5 of the Forgery and Counterfeiting Act 1981(3);

(d) section 6 or 7 of the Fraud Act 2006(4); and

(e) section 44, 45 or 46 of the Serious Crime Act 2007(5).

(3) In England, Wales or Scotland, offences under—

(a) section 182 of the Administration Act;

(b) section 327, 328 or 329 of the Proceeds of Crime Act 2002(6); and

(c) section 4, 5 or 6 of the Identity Documents Act 2010(7).

(4) In Scotland—

(a) the common law offences of—

(i) conspiracy to defraud;

(ii) embezzlement;

(iii) fraud;

(iv) fraudulent scheme; and

(v) uttering;

(b) offences under—

(i) section 44 of the Criminal Law (Consolidation) (Scotland) Act 1995(8);

(ii) section 28 or 30 of the Criminal Justice and Licensing (Scotland) Act 2010(9) (“the 2010 Act”); and

(c) offences to which section 29 of the 2010 Act (offences aggravated by connection with serious organised crime) applies.

(5) Paragraphs (6) and (7) prescribe offences which are relevant offences for the purpose of sections 6B and 7 of the Act where section 6B(14)(b)(i) or (ii) of the Act applies.

(6) In England and Wales, offences under section 1 of the Fraud Act 2006.

(7) In England, Wales or Scotland, offences under—

(a) section 111A of the Administration Act(10);

(b) section 35 of the Tax Credits Act 2002(11).”.

(1)

1861 c.94.

(2)

1977 c.45 as amended by section 5(1) of the Criminal Attempts Act 1981 (c.47), section 7(1) and (2) of the Computer Misuse Act 1990 (c.18), section 9(1) and (2) of and paragraph 4(a) of Schedule 1 and Schedule 2 to, the Criminal Justice (Terrorism and Conspiracy) Act 1998 (c.40) and section 300(1) of, and paragraph 4(b) of Schedule 1 and Schedule 2 to, the Trade Union and Labour Relations (Consolidation) Act 1992 (c.52).

(3)

1981 c.45. Section 5 is amended by section 44(2) of, and Schedule 2 to, the Identity Cards Act 2006 (c.15), section 3(1) to (3) of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c.19), section 88(1) and (2) of the Crime (International Co-operation) Act 2003 (c.32) and section 261(1) of, and paragraph 67(a) of Schedule 27 to, the Civil Partnership Act 2004 (c.33).

(4)

2006 c.35.

(5)

2007 c.27.

(6)

2002 c.29. Sections 327 to 329 are amended by sections 102 and 103 of the Serious Organised Crime and Police Act 2005 (c.15).

(7)

2010 c.40.

(8)

1995 c.39. Section 44 is amended by section 200(2)(b) of the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13)

(9)

2010 asp 13.

(10)

Section 111A is inserted by section 13 of the Social Security Administration (Fraud) Act 1997 (c.47) and amended by section 85 of the Child Support, Pensions and Social Security Act 2000 (c.19) and sections 1(1) and 16 of the Social Security Fraud Act 2001.

(11)

2002 c.21.