Part VN.I. Income Support And The Duty To Maintain

100 Failure to maintain - general.N.I.

(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.]