Social Security Fraud Act 2001 (c. 11)

Loss of benefit provisions U.K.

10 Power to supplement and mitigate loss of benefit provisions U.K.

(1) The Secretary of State may by regulations provide for any social security benefit to be treated for the purposes of [F1 sections 6A to 9]—

(a) as a disqualifying benefit but not a sanctionable benefit; or

(b) as neither a sanctionable benefit nor a disqualifying benefit.

(2) The Secretary of State may by regulations provide for any restriction in section[F2 6B,] 7, 8 or 9 not to apply in relation to payments of benefit to the extent of any deduction that (if any payment were made) would fall, in pursuance of provision made by or under any enactment, to be made from the payments and paid to a person other than the offender or, as the case may be, a member of his family.

(3) In this section “social security benefit” means—

(a) any benefit under the Social Security Contributions and Benefits Act 1992 (c. 4) or the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7);F3 ...

(b) any benefit under the Jobseekers Act 1995 (c. 18) or the Jobseekers (Northern Ireland) Order 1995 (S.I. 1995/2705 (N.I. 15));

[F4 (bb) any benefit under the State Pension Credit Act 2002 or under any provision having effect in Northern Ireland corresponding to that Act; or]

[F5 (bc) any benefit under Part 1 of the Welfare Reform Act 2007 (employment and support allowance) or under any provision having effect in Northern Ireland corresponding to that Part;]

(c) any war pension.

Textual Amendments

F1 Words in s. 10(1) substituted (12.1.2010 for specified purposes, 1.4.2010 in so far as not already in force) by Welfare Reform Act 2009 (c. 24), s. 61(3), Sch. 4 para. 5(2); S.I. 2010/45, art. 2(1)(2)

F2 Word in s. 10(2) inserted (12.1.2010 for specified purposes, 1.4.2010 in so far as not already in force) by Welfare Reform Act 2009 (c. 24), s. 61(3), Sch. 4 para. 5(3); S.I. 2010/45, art. 2(1)(2)

F3 Word in s. 10(3) repealed (6.10.2003) by State Pension Credit Act 2002 (c. 16), s. 22(3), Sch. 3; S.I. 2003/1766, art. 2(a)

F4 S. 10(3)(bb) inserted (2.7.2002 for the purpose of making regulations, 6.10.2003 in so far as not already in force) by 2002 c. 16, ss. 14, 22, Sch. 2, para.47; S.I. 2002/1691, art. 2; S.I. 2003/1766, art. 2(a)

F5 S. 10(3)(bc) inserted (27.10.2008) by Welfare Reform Act 2007 (c. 5), s. 70(2), Sch. 3 para. 23(6); S.I. 2008/787, art. 2(4)(f)

Commencement Information

I1 S. 10 wholly in force at 1.4.2002; s. 10 not in force at Royal Assent see s. 20; s. 10 in force for specified purposes at 17.11.2001 and wholly in force at 1.4.2002 by S.I. 2001/3689, art. 2(1)(a)(b)