(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 income support [F1or an income-based jobseeker’s 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.
(3)[F2Subject to subsection (4) below,]subsections (6) to (8) of section 74 above shall have effect for the purposes of this Part of this Act as they have effect for the purposes of that section.
[F3(4)For the purposes of this section, in its application to an income-based jobseeker’s allowance, a person is liable to maintain another if that other person is his or her spouse.]
Textual Amendments
F1Words in s. 100(1)(b) inserted (17.7.1996) by S.I. 1995/2705 (N.I. 15), art. 40(1), Sch. 2, para. 36(2); S.R. 1996/285, art. 2, Sch.
F2Words in s. 100(3) inserted (17.7.1996) by S.I. 1996/2705 (N.I. 15), art. 40(1), Sch. 2, para. 36(3); S.R. 1996/285, art. 2, Sch.
F3S. 100(4) inserted (17.7.1996) by S.I. 1996/1705 (N.I. 15), art. 40(1), Sch. 2, para. 36(4); S.R. 1996/285, art. 2, Sch.