Social Security Administration Act 1992

105 Failure to maintain—general U.K.

(1) If—

(a) any person persistently refuses or neglects to maintain himself or any person whom he is liable to maintain; and

(b) in consequence of his refusal or neglect [F1 universal credit,] income support [F2 , an income-based jobseeker's allowance or an income-related employment and support allowance] is paid to or in respect of him or such a person,

he shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine of an amount not exceeding level 4 on the standard scale or to both.

(2) For the purposes of subsection (1) above a person shall not be taken to refuse or neglect to maintain himself or any other person by reason only of anything done or omitted in furtherance of a trade dispute.

[F3 (3) Subject to subsection (4), for the purposes of this Part, a person shall be liable to maintain another person if that other person is—

(a) his or her spouse or civil partner, or

(b) a person whom he or she would be liable to maintain if sections 78(6)(c) and (9) had effect for the purposes of this Part.]

[F4 (4) For the purposes of this section, in its application to an income-based jobseeker's allowance [F5 or an income-related employment and support allowance], [F6 subsection (3)(b) shall not apply].]

Textual Amendments

F1 Words in s. 105(1)(b) inserted (29.4.2013) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 2 para. 10; S.I. 2013/983, art. 3(1)(b)(ii)

F2 Words in s. 105(1)(b) substituted (27.10.2008) by Welfare Reform Act 2007 (c. 5), s. 70(2), Sch. 3 para. 10(10)(a); S.I. 2008/787, art. 2(4)(f)

F3 S. 105(3) substituted (14.7.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), ss. 45(1), 62(3); S.I. 2008/1476, art. 2(2)(b)

F4 S.105(4) inserted (11.6.1996) by Jobseekers Act 1995 (c. 18), s. 41(2), Sch. 2 para. 53(4); S.I. 1996/1509, art. 2, Sch.

F5 Words in s. 105(4) inserted (27.10.2008) by Welfare Reform Act 2007 (c. 5), s. 70(2), Sch. 3 para. 10(10)(b); S.I. 2008/787, art. 2(4)(f)

F6 Words in s. 105(4) substituted (14.7.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), ss. 45(2), 62(3); S.I. 2008/1476, art. 2(2)(b)