Social Security Administration (Fraud) Act 1997

SCHEDULES

Section 22.

SCHEDULE 1 Minor and consequential amendments

The Local Government Finance Act 1982 (c. 32)

1 In paragraph 9(2) of Schedule 3 to the Local Government Finance Act 1982 (financial provisions relating to Audit Commission: separate accounting in relation to certain functions), between paragraph (a) and paragraph (aa) insert—

“(aza) its functions under section 28AB of this Act in relation to the discharge of housing benefit administration functions and council tax administration functions;”.

The Social Security Administration Act 1992 (c. 5)

2 In section 54(2)(b) of the Social Security Administration Act 1992 (power of adjudication officer to refer for medical examination a person who has applied for a review), for the words “who has applied” onwards substitute “in respect of whom an application for a review under section 30 or 35 above has been made or is treated as having been made,”.

3 In section 75(1) of that Act (recovery of overpayments of housing benefit), after “housing benefit” insert “determined in accordance with regulations to have been”.

4 (1) Section 112 of that Act (offence of making false representation etc. for obtaining benefit or for other purpose connected with social security legislation) is amended as follows.

(2) In subsection (1), for the words “legislation to which section 110 above applies” substitute “social security legislation”.

(3) In subsection (2), for “subsection (1) above” substitute “this section”.

(4) After that subsection insert—

“(3) In this section “the social security legislation” means the Acts to which section 110 above applies and the [1995 c. 18.] Jobseekers Act 1995.”

5 In section 116 of that Act (legal proceedings), after subsection (2) insert—

“(2A) Subsection (2) above shall not be taken to impose any restriction on the time when proceedings may be begun for an offence under section 111A above.”

6 In section 123(2)(b) and (9)(d) of that Act (offence of unauthorised disclosure: Northern Ireland), for “Schedule 3” substitute “Schedule 4”.

7 (1) Section 140B of that Act (calculation of amount of subsidy in respect of housing benefit and council tax benefit) is amended as follows.

(2) In subsection (1), for “calculated in the manner specified by” substitute “determined in accordance with an”.

(3) In subsection (2), for “the total” substitute “the amount of relevant benefit”.

(4) In subsection (7), for “(2) or (4)” substitute “(4) or (5)”.

8 In section 164 of that Act (destination of repayments etc.), after subsection (7) insert—

“(8) All penalties recovered by the Secretary of State under section 115A above shall be paid into the Consolidated Fund.”

9 After section 182B of that Act (inserted by section 21(1)) insert—

“National insurance numbers

182C Requirement to apply for national insurance number

(1) Regulations may make provision requiring a person to apply for a national insurance number to be allocated to him.

(2) An application required by regulations under subsection (1) above shall be accompanied by information or evidence enabling such a number to be allocated.”

10 In section 189(7) of that Act (power for orders and regulations about housing benefit and council tax benefit to make different provision for different areas), after “different areas” insert “or different authorities”.

11 In section 190(1)(b) of that Act (regulations required to be approved by resolution of each House of Parliament), before “154” insert “122B(1)(b) or”.

12 (1) Section 191 of that Act (interpretation) is amended as follows.

(2) After the definition of “the Consequential Provisions Act” insert—

““contribution” means a contribution under Part I of the Contributions and Benefits Act;”.

(3) In the definition of “the Northern Ireland Department”, at the end insert “but in section 122 and sections 122B to 122E also includes the Department of the Environment for Northern Ireland;”.

The Social Security Administration (Northern Ireland) Act 1992 (c. 8)

13 In section 166(2)(a) of the Social Security Administration (Northern Ireland) Act 1992 (regulations required to be approved by resolution of the Assembly), before “131” insert “116B(1)(b),”.

14 (1) Section 167(1) of that Act (interpretation) is amended as follows.

(2) After the definition of “the Consolidated Fund” insert—

““contribution” means a contribution under Part I of the Contributions and Benefits Act;”.

(3) In the definition of “the Department”, at the end insert “but in sections 116 and 116B also includes the Department of the Environment;”.

Section 22.

SCHEDULE 2 Repeals

Chapter	Short title	Extent of repeal
1992 c. 4.	The Social Security Contributions and Benefits Act 1992.	In Schedule 1, paragraph 8(1)(p).
1992 c. 5.	The Social Security Administration Act 1992.	In section 61(1)(a)(iii), the words “under Part I of the Contributions and Benefits Act”.
		In section 75(1), the words “in such manner as may be prescribed”.
		In section 110(2)(c)(i) and (6)(a)(i), the words “under Part I of the Contributions and Benefits Act”.
		In section 114(1), the words “under Part I of the Contributions and Benefits Act”.
		In section 123(8)(j), the word “and”.
		Sections 127 to 128A (and the heading preceding each of them).
		In section 140B(2), the words “, with any additions specified in the order but subject to any deductions so specified”.
		In section 162(1), the words “under Part I of the Contributions and Benefits Act”.
		In Schedule 4, in Part II, in paragraph 4(a)(i), the words “National Insurance”.
1992 c. 8.	The Social Security Administration (Northern Ireland) Act 1992.	In section 59(1)(a)(iii), the words “under Part I of the Contributions and Benefits Act”.
		In section 104(2)(c)(i) and (6)(a)(i), the words “under Part I of the Contributions and Benefits Act”.
		In section 108(1), the words “under Part I of the Contributions and Benefits Act”.
		In section 142(1), the words “under Part I of the Contributions and Benefits Act”.
		In Schedule 4, in Part II, in paragraph 4(a)(i), the words “National Insurance”.
1992 c. 14.	The Local Government Finance Act 1992.	In Schedule 9, paragraph 18.
1994 c. 39.	The Local Government etc. (Scotland) Act 1994.	In Schedule 13, in paragraph 175(3), the words “128(1), (2), and (3),”.
1994 c. 40.	The Deregulation and Contracting Out Act 1994.	In Schedule 16, paragraphs 22 and 23.
1995 c. 18.	The Jobseekers Act 1995.	Section 28(1)(a) and (2).
		Section 34(1) and (4).
		In Schedule 2, paragraphs 58, 62 and 63.
S.I. 1995/2705 (N.I.15).	The Jobseekers (Northern Ireland) Order 1995.	In Schedule 2, paragraph 40.