Sch. 4 para. 1 in force at 12.1.2010 for specified purposes by S.I. 2010/45, art. 2(1)
Sch. 4 para. 2 in force at 12.1.2010 for specified purposes by S.I. 2010/45, art. 2(1)
Sch. 4 para. 3 in force at 12.1.2010 for specified purposes by S.I. 2010/45, art. 2(1)
Sch. 4 para. 4 in force at 12.1.2010 for specified purposes by S.I. 2010/45, art. 2(1)
Sch. 4 para. 5 in force at 12.1.2010 for specified purposes by S.I. 2010/45, art. 2(1)
Sch. 4 para. 6 in force at 12.1.2010 for specified purposes by S.I. 2010/45, art. 2(1)
Sch. 4 para. 7 in force at 12.1.2010 for specified purposes by S.I. 2010/45, art. 2(1)
Sch. 4 para. 8 in force at 12.1.2010 for specified purposes by S.I. 2010/45, art. 2(1)
Sch. 4 para. 1 in force at 1.4.2010 in so far as not already in force by S.I. 2010/45, art. 2(2)
Sch. 4 para. 2 in force at 1.4.2010 in so far as not already in force by S.I. 2010/45, art. 2(2)
Sch. 4 para. 3 in force at 1.4.2010 in so far as not already in force by S.I. 2010/45, art. 2(2)
Sch. 4 para. 4 in force at 1.4.2010 in so far as not already in force by S.I. 2010/45, art. 2(2)
Sch. 4 para. 5 in force at 1.4.2010 in so far as not already in force by S.I. 2010/45, art. 2(2)
Sch. 4 para. 6 in force at 1.4.2010 in so far as not already in force by S.I. 2010/45, art. 2(2)
Sch. 4 para. 7 in force at 1.4.2010 in so far as not already in force by S.I. 2010/45, art. 2(2)
Sch. 4 para. 8 in force at 1.4.2010 in so far as not already in force by S.I. 2010/45, art. 2(2)
In this Part of this Schedule “
Section 7 of the 2001 Act (loss of benefit for commission of benefit offences) is amended as follows.
In subsection (8)—
after the definition of “benefit offence” insert—
“
omit the definitions of “disqualifying benefit” and “sanctionable benefit”.
In subsection (9)—
in paragraph (a), after “sentenced)” insert
for paragraph (b) substitute—
references to a conviction include references to— 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, 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 a conviction in Northern Ireland.
Omit subsection (11).
In the heading, for “commission of benefit offences” substitute
Section 8 of the 2001 Act (effect of offence on joint-claim jobseeker's allowance) is amended as follows.
In subsection (1)(b), for “the restriction in subsection (2) of section 7” substitute
After subsection (1) insert—
In this section— “ in relation to an offence-related restriction, any reference to the relevant period is a reference to a period which is the disqualification period for the purposes of section 6B or section 7, as the case requires.
In subsection (2)—
for “the disqualification period” substitute
in paragraph (a), for “the restriction in subsection (2) of section 7” substitute
in paragraph (b), for “that restriction” substitute
In subsection (3)—
for “the disqualification period” substitute
in paragraph (b), for “convictions section 7” substitute
In subsection (4), for “the disqualification period” substitute
After subsection (6) insert—
Where, after the agreement of any member of a couple (“M”) to pay a penalty under the appropriate penalty provision is taken into account for the purposes of any restriction imposed by virtue of any regulations under this section— M's agreement to pay the penalty is withdrawn under subsection (5) of the appropriate penalty provision, or 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 this section that could not have been imposed had M not agreed to pay the penalty. Where, after the agreement (“ if there is a new disqualifying event for the purposes of section 6B consisting of M's agreement to pay a penalty under the appropriate penalty provision in relation to the revised overpayment or M being cautioned in relation to the offence to which the old agreement relates, the new disqualification period for the purposes of section 6B falls to be determined in accordance with section 6C(4)(a), and 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 this section that could not have been imposed had M not agreed to pay the penalty. In this section “
Section 9 of the 2001 Act (effect of offence on benefits for members of offender's family) is amended as follows.
In subsection (2)(b), for “section 7” substitute
After subsection (6) insert—
Where, after the agreement of any member of a person's family (“M”) to pay a penalty under the appropriate penalty provision is taken into account for the purposes of any restriction imposed by virtue of any regulations under this section— M's agreement to pay the penalty is withdrawn under subsection (5) of the appropriate penalty provision, or 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 that could not have been imposed had M not agreed to pay the penalty. Where, after the agreement (“ if there is a new disqualifying event for the purposes of section 6B consisting of M's agreement to pay a penalty under the appropriate penalty provision in relation to the revised overpayment or M being cautioned in relation to the offence to which the old agreement relates, the new disqualification period for the purposes of section 6B falls to be determined in accordance with section 6C(4)(a), and 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 this section that could not have been imposed had M not agreed to pay the penalty. In this section “
Section 10 of the 2001 Act (power to supplement and mitigate loss of benefit provisions) is amended as follows.
In subsection (1), for “sections 7 to 9” substitute
In subsection (2), after “section” insert
Section 11 of the 2001 Act (loss of benefit regulations) is amended as follows.
In subsections (1) and (2), for “sections 7 to 10” substitute
In subsection (3)—
in paragraph (a), after “section” insert
in paragraph (b), after “section” insert
in paragraph (c), after “section” insert
In subsections (4) and (5), for “sections 7 to 10” substitute
Section 13 of the 2001 Act (interpretation of sections 7 to 12) is amended as follows.
For the words “sections 7 to 12”, both in the section and in the heading to the section, substitute
After the definition of “benefit” insert—
“
Omit the definitions of “disqualification period” and “post-commencement offence”.
In the definition of “sanctionable benefit”, for “section 7(8)” substitute
In section 21(2) of the of the 2001 Act (extent), after “sections 5(2),” insert