Loss of benefit provisions
F1 6B Loss of benefit in case of conviction, penalty or caution for benefit offence
(1)
Subsection (4) applies where a person (“the offender”)—
(a)
is convicted of one or more benefit offences in any proceedings,
(b)
after being given a notice under subsection (2) of the appropriate penalty provision by an appropriate authority, agrees in the manner specified by the appropriate authority to pay a penalty under the appropriate penalty provision to the appropriate authority F2 ..., in a case where F3 the offence to which the notice relates is a benefit offence, or
(c)
is cautioned in respect of one or more benefit offences.
(2)
In subsection (1)(b)—
(a)
“ the appropriate penalty provision ” means section 115A of the Administration Act (penalty as alternative to prosecution) or section 109A of the Social Security Administration (Northern Ireland) 1992 (the corresponding provision for Northern Ireland);
(b)
“ appropriate authority ” means—
(i)
in relation to section 115A of the Administration Act, the Secretary of State F4..., and
(ii)
in relation to section 109A of the Social Security Administration (Northern Ireland) Act 1992, the Department (within the meaning of that Act) or the Northern Ireland Housing Executive.
(3)
Subsection (4) does not apply by virtue of subsection (1)(a) if, because the proceedings in which the offender was convicted constitute the F5current set of proceedings for the purposes of section 7, the restriction in subsection (2) of that section applies in the offender's case.
(4)
If this subsection applies and the offender is a person with respect to whom the conditions for an entitlement to a sanctionable benefit are or become satisfied at any time within the disqualification period, 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.
(5)
F8(5A)
The Secretary of State may by regulations provide that, where the sanctionable benefit is universal credit, the benefit shall be payable, during the whole or a part of any period comprised in the disqualification period, as if one or more of the following applied—
(a)
the amount payable were reduced in such manner as may be prescribed;
(b)
the benefit 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 benefit were payable only if the circumstances are otherwise such as may be prescribed;
(d)
any amount of the benefit payable in prescribed circumstances were recoverable by the Secretary of State.
F9(6)
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F9(7)
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(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.
(8)
The Secretary of State may by regulations provide that, where the sanctionable benefit is state pension credit, the benefit shall be payable in the offender's case for any period comprised in the disqualification period as if the rate of the benefit were reduced in such manner as may be prescribed.
F10(9)
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F10(10)
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(11)
For the purposes of this section the disqualification period, in relation to any disqualifying event, means F11the relevant period beginning with such date, falling after the date of the disqualifying event, as may be determined by or in accordance with regulations made by the Secretary of State.
F12(11A)
For the purposes of subsection (11) the relevant period is—
(a)
in a case falling within subsection (1)(a) where the benefit offence, or one of them, is a relevant offence, the period of three years,
(b)
in a case falling within subsection (1)(a) (but not within paragraph (a) above)), the period of 13 weeks, or
(c)
in a case falling within subsection (1)(b) or (c), the period of four weeks.
(12)
This section has effect subject to section 6C.
(13)
In this section and section 6C—
“ benefit offence ” means—
(a)
any post-commencement offence in connection with a claim for a disqualifying benefit;
(b)
any post-commencement offence in connection with the receipt or payment of any amount by way of such a benefit;
(c)
any post-commencement offence committed for the purpose of facilitating the commission (whether or not by the same person) of a benefit offence;
(d)
any post-commencement offence consisting in an attempt or conspiracy to commit a benefit offence;
“ disqualifying event ” means the conviction falling within subsection (1)(a), the agreement falling within subsection (1)(b) or the caution falling within subsection (1)(c);
“ post-commencement offence ” means any criminal offence committed after the commencement of this section.
F13(14)
In this section and section 7 “ relevant offence ” means—
(a)
in England and Wales, the common law offence of conspiracy to defraud, or
(b)
a prescribed offence which, in the offender's case, is committed in such circumstances as may be prescribed, and which, on conviction—
(i)
is found by the court to relate to an overpayment (as defined in section 115A(8) of the Administration Act) of at least £50,000,
(ii)
is punished by a custodial sentence of at least one year (including a suspended sentence as defined in F14section 286(6) of the Sentencing Code), or
(iii)
is found by the court to have been committed over a period of at least two years.
F15(15)
The Secretary of State may by order amend subsection (11A)(a), (b) or (c), or (14)(b)(i), (ii) or (iii) to substitute a different period or amount for that for the time being specified there.