LegalizeReform history
Social Security Fraud Act (Northern Ireland) 2001
10 versions
· 2001-11-15
2016-04-06
Social Security Fraud Act (Northern Ireland) 2001
2011-09-01
Social Security Fraud Act (Northern Ireland) 2001
2010-10-01
Social Security Fraud Act (Northern Ireland) 2001
2010-09-23
Social Security Fraud Act (Northern Ireland) 2001
2010-08-13
Social Security Fraud Act (Northern Ireland) 2001
2008-10-27
Social Security Fraud Act (Northern Ireland) 2001
2008-07-01
Social Security Fraud Act (Northern Ireland) 2001
Changes on 2008-07-01
@@ -267,6 +267,14 @@
- (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.
- (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;
@@ -287,9 +295,9 @@
- “benefit offence” means—any post-commencement offence in connection with a claim for a disqualifying benefit;any post-commencement offence in connection with the receipt or payment of any amount by way of such a benefit;any post-commencement offence committed for the purpose of facilitating the commission (whether or not by the same person) of a benefit offence;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))—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);any benefit under the State Pension Credit Act (Northern Ireland) 2002 or the State Pension Credit Act 2002;any benefit under the Contributions and Benefits Act or the Social Security Contributions and Benefits Act 1992 (c. 4) other than—maternity allowance;*Heads (ii) and (iii) rep. by 2002 c. 21*statutory sick pay and statutory maternity pay;any war pension;
- “sanctionable benefit” means (subject to any regulations under section 9(1))—any benefit under the Jobseekers Order other than joint-claim jobseeker's allowance;any benefit under the State Pension Credit Act (Northern Ireland) 2002;any benefit under the Contributions and Benefits Act which is a disqualifying benefit other than—any retirement pension;graduated retirement benefit;disability living allowance;attendance allowance;child benefit;guardian's allowance;a payment out of the social fund in accordance with Part VIII of the Contributions and Benefits Act;a payment under Part X of that Act (Christmas bonus for pensioners).
- “disqualifying benefit” means (subject to any regulations under section 9(1))—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);any benefit under the State Pension Credit Act (Northern Ireland) 2002 or the State Pension Credit Act 2002;any benefit under Part 1 of the Welfare Reform Act (Northern Ireland) 2007 or under Part 1 of the Welfare Reform Act 2007;any benefit under the Contributions and Benefits Act or the Social Security Contributions and Benefits Act 1992 (c. 4) other than—maternity allowance;*Heads (ii) and (iii) rep. by 2002 c. 21*statutory sick pay and statutory maternity pay;any war pension;
- “sanctionable benefit” means (subject to any regulations under section 9(1))—any benefit under the Jobseekers Order other than joint-claim jobseeker's allowance;any benefit under the State Pension Credit Act (Northern Ireland) 2002;any benefit under Part 1 of the Welfare Reform Act (Northern Ireland) 2007;any benefit under the Contributions and Benefits Act which is a disqualifying benefit other than—any retirement pension;graduated retirement benefit;disability living allowance;attendance allowance;child benefit;guardian's allowance;a payment out of the social fund in accordance with Part VIII of the Contributions and Benefits Act;a payment under Part X of that Act (Christmas bonus for pensioners).
- (9) For the purposes of this section—
@@ -359,6 +367,8 @@
- (bb) state pension credit;
- (bc) employment and support allowance;
- (c) housing benefit.
- (2) The Department may by regulations make provision in accordance with the following provisions of this section in relation to any case in which—
@@ -384,6 +394,14 @@
- (c) the allowance were payable only if the circumstances are otherwise such as may be prescribed.
- (4A) In relation to cases in which the benefit is state pension credit, the provision that may be made by virtue of subsection (2) is provision that, in the case of the offender's family member, the benefit shall be payable for the whole or any part of any period comprised in the relevant period as if the rate of the benefit were reduced in such manner as may be prescribed.
- (4B) In relation to cases in which the benefit is employment and support allowance, the provision that may be made by virtue of subsection (2) is provision that, in the case of the offender's family member, any income-related allowance 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 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 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 allowance were payable only if circumstances are otherwise such as may be prescribed.
- (5) In relation to cases in which the benefit is housing benefit, the provision that may be made by virtue of subsection (2) is provision that, in the case of the offender's family member, the benefit shall be payable, during the whole or a part of any period comprised in the relevant period, as if one or both of the following applied—
@@ -483,6 +501,8 @@
- “family” has the same meaning as in Part VII of the Contributions and Benefits Act;
- “income-based jobseeker's allowance”, “joint-claim jobseeker's allowance” and “joint-claim couple” have the same meanings as in the Jobseekers Order;
- “*income-related allowance*” has the same meaning as in Part 1 of the Welfare Reform Act (Northern Ireland) 2007 (employment and support allowance);
- “post-commencement offence” means any criminal offence committed after the coming into operation of section 6;
@@ -667,7 +687,7 @@
#### Electronic access to information
#### Arrangements for payments in respect of information
#### Code of practice about use of information powers
##### 5A
@@ -785,11 +805,11 @@
- (6) In this section “*the appropriate penalty provision*” has the meaning given by section 5B(2)(a).
#### Delegation of functions
#### Offence of failing to notify a change of circumstances
#### Commencement
#### Interpretation of sections 6 to 11
#### Colluding employers
#### Repeals
*Schedule — Repeals*
@@ -803,14 +823,26 @@
[^c5490891]: [2002 c. 14 (NI)](https://www.legislation.gov.uk/nia/2002/14)
[^c19682501]: [S. 6(4B)](https://www.legislation.gov.uk/nia/2001/17/section/6/4B) inserted (1.7.2008 for certain purposes otherwise 27.10.2008) by [Welfare Reform Act (Northern Ireland) 2007 (c. 2)](https://www.legislation.gov.uk/nia/2007/2), [ss. 28](https://www.legislation.gov.uk/nia/2007/2/section/28), [60](https://www.legislation.gov.uk/nia/2007/2/section/60), [Sch. 3 para. 14(2)](https://www.legislation.gov.uk/nia/2007/2/schedule/3/paragraph/14/2); [S.R. 2008/276](https://www.legislation.gov.uk/nisr/2008/276), [art. 2(2)(c)](https://www.legislation.gov.uk/nisr/2008/276/article/2/2/c), [Sch. Pt. 1](https://www.legislation.gov.uk/nisr/2008/276/schedule/part/1)
[^c5490951]: [2002 c. 14 (NI)](https://www.legislation.gov.uk/nia/2002/14)
[^c19682981]: [S. 8(1)(bc)](https://www.legislation.gov.uk/nia/2001/17/section/8/1/bc) inserted (1.7.2008 for certain purposes otherwise 27.10.2008) by [Welfare Reform Act (Northern Ireland) 2007 (c. 2)](https://www.legislation.gov.uk/nia/2007/2), [ss. 28](https://www.legislation.gov.uk/nia/2007/2/section/28), [60](https://www.legislation.gov.uk/nia/2007/2/section/60), [Sch. 3 para. 14(4)](https://www.legislation.gov.uk/nia/2007/2/schedule/3/paragraph/14/4); [S.R. 2008/276](https://www.legislation.gov.uk/nisr/2008/276), [art. 2(2)(c)](https://www.legislation.gov.uk/nisr/2008/276/article/2/2/c), [Sch. Pt. 1](https://www.legislation.gov.uk/nisr/2008/276/schedule/part/1)
[^c19683001]: [S. 8(4B)](https://www.legislation.gov.uk/nia/2001/17/section/8/4B) inserted (1.7.2008 for certain purposes otherwise 27.10.2008) by [Welfare Reform Act (Northern Ireland) 2007 (c. 2)](https://www.legislation.gov.uk/nia/2007/2), [ss. 28](https://www.legislation.gov.uk/nia/2007/2/section/28), [60](https://www.legislation.gov.uk/nia/2007/2/section/60), [Sch. 3 para. 14(5)](https://www.legislation.gov.uk/nia/2007/2/schedule/3/paragraph/14/5); [S.R. 2008/276](https://www.legislation.gov.uk/nisr/2008/276), [art. 2(2)(c)](https://www.legislation.gov.uk/nisr/2008/276/article/2/2/c), [Sch. Pt. 1](https://www.legislation.gov.uk/nisr/2008/276/schedule/part/1)
[^c5490991]: [2002 c. 14 (NI)](https://www.legislation.gov.uk/nia/2002/14)
[^c5491011]: [2002 c. 14 (NI)](https://www.legislation.gov.uk/nia/2002/14)
[^c19683121]: [S. 12](https://www.legislation.gov.uk/nia/2001/17/section/12): definition of "income-related allowance" inserted (1.7.2008 for certain purposes otherwise 27.10.2008) by [Welfare Reform Act (Northern Ireland) 2007 (c. 2)](https://www.legislation.gov.uk/nia/2007/2), [ss. 28](https://www.legislation.gov.uk/nia/2007/2/section/28), [60](https://www.legislation.gov.uk/nia/2007/2/section/60), [Sch. 3 para. 14(8)](https://www.legislation.gov.uk/nia/2007/2/schedule/3/paragraph/14/8); [S.R. 2008/276](https://www.legislation.gov.uk/nisr/2008/276), [art. 2(2)(c)](https://www.legislation.gov.uk/nisr/2008/276/article/2/2/c), [Sch. Pt. 1](https://www.legislation.gov.uk/nisr/2008/276/schedule/part/1)
[^c5491051]: [2002 c. 14 (NI)](https://www.legislation.gov.uk/nia/2002/14)
[^c22043791]: [Ss. 5A-5C](https://www.legislation.gov.uk/nia/2001/17/section/5A) inserted (13.8.2010) by [Welfare Reform Act (Northern Ireland) 2010 (c. 13)](https://www.legislation.gov.uk/nia/2010/13), [ss. 19](https://www.legislation.gov.uk/nia/2010/13/section/19), [36(1)(e)](https://www.legislation.gov.uk/nia/2010/13/section/36/1/e)
[^c5491071]: partly exercised by SR 2001/416; 2002/75, 165, 392, 406
[^c19682851]: [S. 6(8)](https://www.legislation.gov.uk/nia/2001/17/section/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)](https://www.legislation.gov.uk/nia/2007/2), [ss. 28](https://www.legislation.gov.uk/nia/2007/2/section/28), [60](https://www.legislation.gov.uk/nia/2007/2/section/60), [Sch. 3 para. 14(3)(a)](https://www.legislation.gov.uk/nia/2007/2/schedule/3/paragraph/14/3/a); [S.R. 2008/276](https://www.legislation.gov.uk/nisr/2008/276), [art. 2(2)(c)](https://www.legislation.gov.uk/nisr/2008/276/article/2/2/c), [Sch. Pt. 1](https://www.legislation.gov.uk/nisr/2008/276/schedule/part/1)
[^c19682931]: [S. 6(8)](https://www.legislation.gov.uk/nia/2001/17/section/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)](https://www.legislation.gov.uk/nia/2007/2), [ss. 28](https://www.legislation.gov.uk/nia/2007/2/section/28), [60](https://www.legislation.gov.uk/nia/2007/2/section/60), [Sch. 3 para. 14(3)(b)](https://www.legislation.gov.uk/nia/2007/2/schedule/3/paragraph/14/3/b); [S.R. 2008/276](https://www.legislation.gov.uk/nisr/2008/276), [art. 2(2)(c)](https://www.legislation.gov.uk/nisr/2008/276/article/2/2/c), [Sch. Pt. 1](https://www.legislation.gov.uk/nisr/2008/276/schedule/part/1)
2008-04-01
Social Security Fraud Act (Northern Ireland) 2001
2007-04-01
Social Security Fraud Act (Northern Ireland) 2001
2001-11-15
Social Security Fraud Act (Northern Ireland) 2001
original version
Text at this date