Social Security Administration (Northern Ireland) Act 1992

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 [F1 or 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) [F2 Subject 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 [F4 or civil partner] .]

Textual Amendments

F1 Words 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.

F2 Words 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.

F3 S. 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.

F4 Words in s. 100(4) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 114; S.I. 2005/3255, art. 2(1), Sch.