- Latest available (Revised)
- Original (As enacted)
Social Security Fraud Act (Northern Ireland) 2001, Section 15 is up to date with all changes known to be in force on or before 02 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
15.—(1) In section 105A of the Administration Act (dishonest representations for obtaining benefit etc.)—
(a)in subsection (1), paragraphs (c) and (d) (dishonesty in connection with failures to notify the changes of circumstances that are required to be notified by regulations) shall be omitted and the word “or” shall be inserted at the end of paragraph (a); and
(b)after that subsection there shall be inserted the following subsections—
“(1A) A person shall be guilty of an offence if—
(a)there has been a change of circumstances affecting any entitlement of his to any benefit or other payment or advantage under any provision of the relevant social security legislation;
(b)the change is not a change that is excluded by regulations from the changes that are required to be notified;
(c)he knows that the change affects an entitlement of his to such a benefit or other payment or advantage; and
(d)he dishonestly fails to give a prompt notification of that change in the prescribed manner to the prescribed person.
(1B) A person shall be guilty of an offence if—
(a)there has been a change of circumstances affecting any entitlement of another person to any benefit or other payment or advantage under any provision of the relevant social security legislation;
(b)the change is not a change that is excluded by regulations from the changes that are required to be notified;
(c)he knows that the change affects an entitlement of that other person to such a benefit or other payment or advantage; and
(d)he dishonestly causes or allows that other person to fail to give a prompt notification of that change in the prescribed manner to the prescribed person.
(1C) This subsection applies where—
(a)there has been a change of circumstances affecting any entitlement of a person ( “the claimant”) to any benefit or other payment or advantage under any provision of the relevant social security legislation;
(b)the benefit, payment or advantage is one in respect of which there is another person ( “the recipient”) who for the time being has a right to receive payments to which the claimant has, or (but for the arrangements under which they are payable to the recipient) would have, an entitlement; and
(c)the change is not a change that is excluded by regulations from the changes that are required to be notified.
(1D) In a case where subsection (1C) above applies, the recipient shall be guilty of an offence if—
(a)he knows that the change affects an entitlement of the claimant to a benefit or other payment or advantage under a provision of the relevant social security legislation;
(b)the entitlement is one in respect of which he has a right to receive payments to which the claimant has, or (but for the arrangements under which they are payable to the recipient) would have, an entitlement; and
(c)he dishonestly fails to give a prompt notification of that change in the prescribed manner to the prescribed person.
(1E) In a case where subsection (1C) above applies, a person other than the recipient shall be guilty of an offence if—
(a)he knows that the change affects an entitlement of the claimant to a benefit or other payment or advantage under a provision of the relevant social security legislation;
(b)the entitlement is one in respect of which the recipient has a right to receive payments to which the claimant has, or (but for the arrangements under which they are payable to the recipient) would have, an entitlement; and
(c)he dishonestly causes or allows the recipient to fail to give a prompt notification of that change in the prescribed manner to the prescribed person.
(1F) In any case where subsection (1C) above applies but the right of the recipient is confined to a right, by reason of his being a person to whom the claimant is required to make payments in respect of a dwelling, to receive payments of housing benefit—
(a)a person shall not be guilty of an offence under subsection (1D) or (1E) above unless the change is one relating to one or both of the following—
(i)the claimant's occupation of that dwelling;
(ii)the claimant's liability to make payments in respect of that dwelling; but
(b)subsections (1D)(a) and (1E)(a) above shall each have effect as if after “knows” there were inserted “or could reasonably be expected to know”.
(1G) For the purposes of subsections (1A) to (1E) above a notification of a change is prompt if, and only if, it is given as soon as reasonably practicable after the change occurs.” .
(2) For subsection (1A) of section 106 of that Act (false representations for obtaining benefit etc.) there shall be substituted—
“(1A) A person shall be guilty of an offence if—
(a)there has been a change of circumstances affecting any entitlement of his to any benefit or other payment or advantage under any provision of the relevant social security legislation;
(b)the change is not a change that is excluded by regulations from the changes that are required to be notified;
(c)he knows that the change affects an entitlement of his to such a benefit or other payment or advantage; and
(d)he fails to give a prompt notification of that change in the prescribed manner to the prescribed person.
(1B) A person shall be guilty of an offence under this section if—
(a)there has been a change of circumstances affecting any entitlement of another person to any benefit or other payment or advantage under any provision of the relevant social security legislation;
(b)the change is not a change that is excluded by regulations from the changes that are required to be notified;
(c)he knows that the change affects an entitlement of that other person to such a benefit or other payment or advantage; and
(d)he causes or allows that other person to fail to give a prompt notification of that change in the prescribed manner to the prescribed person.
(1C) In a case where subsection (1C) of section 105A above applies, the recipient shall be guilty of an offence if—
(a)he knows that the change affects an entitlement of the claimant to a benefit or other payment or advantage under a provision of the relevant social security legislation;
(b)the entitlement is one in respect of which he has a right to receive payments to which the claimant has, or (but for the arrangements under which they are payable to the recipient) would have, an entitlement; and
(c)he fails to give a prompt notification of that change in the prescribed manner to the prescribed person.
(1D) In a case where that subsection applies, a person other than the recipient shall be guilty of an offence if—
(a)he knows that the change affects an entitlement of the claimant to a benefit or other payment or advantage under a provision of the relevant social security legislation;
(b)the entitlement is one in respect of which the recipient has a right to receive payments to which the claimant has, or (but for the arrangements under which they are payable to the recipient) would have, an entitlement; and
(c)he causes or allows the recipient to fail to give a prompt notification of that change in the prescribed manner to the prescribed person.
(1E) Subsection (1F) of section 105A above applies in relation to subsections (1C) and (1D) above as it applies in relation to subsections (1D) and (1E) of that section.
(1F) For the purposes of subsections (1A) to (1D) above a notification of a change is prompt if, and only if, it is given as soon as reasonably practicable after the change occurs.” .
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the Northern Ireland Assembly department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the Northern Ireland Assembly.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: