Child Support, Pensions and Social Security Act 2000

62 Loss of benefit for breach of community order. E+W+S

(1) If—

(a) a court makes a determination that a person (“the offender”) has failed without reasonable excuse to comply with the requirements of a relevant community order made in respect of him,

(b) the Secretary of State is notified in accordance with regulations under section 64 of the determination, and

(c) the offender is a person with respect to whom the conditions for any entitlement to a relevant benefit are or become satisfied,

then, even though those conditions are satisfied, the following restrictions shall apply in relation to the payment of that benefit in the offender’s case.

(2) Subject to subsections (3) to (5), the relevant benefit shall not be payable in the offender’s case for the prescribed period.

(3) Where the relevant benefit is income support, the benefit shall be payable in the offender’s case for the prescribed period as if the applicable amount used for the determination under section 124(4) of the M1 Social Security Contributions and Benefits Act 1992 of the amount of the offender’s entitlement for that period were reduced in such manner as may be prescribed.

(4) The Secretary of State may by regulations provide that, where the relevant benefit is jobseeker’s allowance, any income-based jobseeker’s allowance shall be payable, during the whole or a part of the prescribed period, as if one or more of the following applied—

(a) the rate of the allowance were such reduced rate as may be prescribed;

(b) the allowance were payable only if there is compliance by the offender with such obligations with respect to the provision of information as may be imposed by the regulations;

(c) the allowance were payable only if the circumstances are otherwise such as may be prescribed.

[F1 (4A) The Secretary of State may by regulations provide that, where the relevant benefit is an employment and support allowance, any income-related allowance (within the meaning of Part 1 of the Welfare Reform Act 2007) shall be payable, during the whole or part of the prescribed period, as if one or more of the following applied—

(a) the rate of the allowance were such reduced rate as may be prescribed;

(b) the allowance were payable only if there is compliance by the offender with such obligations with respect to the provision of information as may be imposed by the regulations;

(c) the allowance were payable only if the circumstances are otherwise such as may be prescribed.]

(5) Where the relevant benefit is a payment under section 2 of the M2 Employment and Training Act 1973 (under which training allowances are payable), that benefit shall not be payable for the prescribed period except to such extent (if any) as may be prescribed.

(6) Where the determination by a court that was made in the offender’s case is quashed or otherwise set aside by the decision of that or any other court, all such payments and other adjustments shall be made in his case as would be necessary if the restrictions imposed by or under this section in respect of that determination had not been imposed.

(7) The length of any period prescribed for the purposes of any of subsections (2) to (5) shall not exceed twenty-six weeks.

(8) In this section—

• “income-based jobseeker’s allowance” and “joint-claim jobseeker’s allowance” have the same meanings as in the M3 Jobseekers Act 1995;

• “relevant benefit” means—

  (a)

  income support;

  (b)

  any jobseeker’s allowance other than joint-claim jobseeker’s allowance;

  (ba)

  [F2 an employment and support allowance;]

  (c)

  any benefit under the M4 Social Security Contributions and Benefits Act 1992 (other than income support) which is prescribed for the purposes of this section; or

  (d)

  any prescribed payment under section 2 of the M5 Employment and Training Act 1973 (under which training allowances are payable);

• [F3 “relevant community order” means—

  (a)

  a community order made under section 177 of the Criminal Justice Act 2003; or

  (b)

  any order falling in England or Wales to be treated as such an order.]

(9) In relation to a relevant benefit falling within paragraph (d) of the definition of that expression in subsection (8), references in this section to the conditions for entitlement to that benefit being or becoming satisfied with respect to any person are references to there having been or, as the case may be, the taking of a decision to make a payment of such benefit to that person.

(10) In relation to any time before the coming into force of the Powers of Criminal Courts (Sentencing) Act 2000, the reference to that Act in subsection (8) shall be taken to be a reference to Part I of the M6 Criminal Justice Act 1991.

(11) In the application to Scotland of this section—

(a) in subsection (1) after the word “excuse” insert “(or, in the case of a probation order, failed)”;

(b) for paragraph (b) of that subsection substitute—

“(b) the Secretary of State is notified in accordance with an Act of Adjournal made under section 64 of the determination”;

and

(c) in subsection (8)—

(i) in the definition of relevant benefit, paragraph (d) does not apply in the case of any payment made by or on behalf of the Scottish Ministers; and

[F4 (ii) in the definition of “relevant community order”, for paragraphs (a) [F5 and (b)] substitute—

““(a) a community service order;

(b) a probation order;

(c) such other description of order made under the M7 Criminal Procedure (Scotland) Act 1995 as may be prescribed for the purposes of this section; or

(d) any order falling in Scotland to be treated as an order specified in paragraphs (a) to (c)”.”]

Textual Amendments

F1 S. 62(4A) inserted (18.3.2008 for certain purposes and 27.10.2008 insofar as not already in force) by Welfare Reform Act 2007 (c. 5), ss. 28, 70, Sch. 3 para. 20(2); S.I. 2008/787, art. 2(1)(4), Sch.

F2 S. 62: words in definition inserted (18.3.2008 for certain purposes and 27.10.2008 insofar as not already in force) by Welfare Reform Act 2007 (c. 5), ss. 28, 70, Sch. 3 para. 20(3); S.I. 2008/787, art. 2(1)(4), Sch.

F3 S. 62(8): definition substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 304, 336, Sch. 32 para. 131(2); S.I. 2005/950, art. 2(1), Sch. 1 para. 42(35) (subject to art. 2(2), Sch. 2 (as amended by S.I. 2005/2122, art. 2))

F4 S. 62(11)(c)(ii) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 206(b); S.I. 2001/919, art. 2

F5 Words in s. 62(11)(c)(ii) substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 304, 336, Sch. 32 para. 131(3); S.I. 2005/950, art. 2(1), Sch. 1 para. 42(35) (subject to art. 2(2), Sch. 2 (as amended by S.I. 2005/2122, art. 2))

Commencement Information

I1 S. 62 partly in force; s. 62 not in force at Royal Assent see s. 86(2); s. 62 in force for certain purposes at 1.12.2000 by S.I. 2000/2950, art. 5; s. 62(1)-(10) in force for certain further purposes at 15.10.2001 by S.I. 2001/2619, art. 2(b)(i)

Marginal Citations

M1 1992 c. 4.

M2 1973 c. 50.

M3 1995 c. 18.

M4 1992 c. 4.

M5 1973 c. 50.

M6 1991 c. 53.

M7 1995 c. 46.