PART 3SUPPLEMENTING ASSISTANCE UNDER OTHER ENACTMENTS

Top up of reserved benefits

80Restrictions on power

(1)

Regulations under section 79 may not provide for financial assistance to be given to meet or help to meet housing costs.

(2)

Regulations under section 79 may not provide for financial assistance to be given where the need for the assistance arises solely from reduction, non-payability or suspension of a reserved benefit as a result of an individual's conduct (for example, non-compliance with work-related requirements relating to the benefit).

(3)

But subsection (2) does not prevent assistance from being given where the need for the assistance in question—

(a)

also arises from some exceptional event or exceptional circumstances, and

(b)

is immediate.

F1(4)

The maximum penalty that may be provided for in regulations under section 79 in respect of an offence under those regulations is—

(a)

on summary conviction—

(i)

imprisonment for a term not exceeding 12 months,

(ii)

a fine not exceeding the statutory maximum, or

(iii)

both,

(b)

on conviction on indictment—

(i)

imprisonment for a term not exceeding 5 years,

(ii)

a fine, or

(iii)

both.