- Latest available (Revised)
- Point in Time (16/12/2014)
- Original (As enacted)
Point in time view as at 16/12/2014. This version of this cross heading contains provisions that are prospective.
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Welfare Reform Act 2007, Cross Heading: Benefit fraud is up to date with all changes known to be in force on or before 18 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)Section 110A of the Administration Act (authorisation of investigations by authorities administering housing benefit or council tax benefit) is amended as follows.
(2)In subsection (1) for “any one or more of the purposes mentioned in subsection (2) below” substitute “ a relevant purpose ”.
(3)After subsection (1) insert—
“(1A)Each of the following is a relevant purpose—
(a)a purpose mentioned in subsection (2) below;
(b)a purpose mentioned in section 109A(2)(a), (c) or (d).
(1B)If the Secretary of State prescribes conditions for the purposes of this section, an authority must not proceed under this section for a purpose mentioned in section 109A(2)(a), (c) or (d) unless any such condition is satisfied.
(1C)An authorisation made for a purpose mentioned in section 109A(2)(a), (c) or (d)—
(a)is subject to such restrictions as may be prescribed;
(b)is not valid in such circumstances as may be prescribed.”
(4)In subsection (2) for “Those purposes” substitute “ The purposes in this subsection ”.
(5)In subsection (8), after paragraph (c) insert— “ but paragraphs (a) and (b) above do not apply in any case where the relevant purpose is as mentioned in subsection (1A)(b) above. ”]
Textual Amendments
F1S. 46 repealed (1.4.2013 for specified purposes) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 14 Pt. 1; S.I. 2013/358, art. 8(c), Sch. 4 (with arts. 9, 10, Sch. 5)
Commencement Information
I1S. 46 in force at 19.2.2008 for specified purposes by S.I. 2008/411, art. 2(4)(a)
I2S. 46 in force at 7.4.2008 in so far as not already in force by S.I. 2008/411, art. 2(5)
After section 116 of the Administration Act (legal proceedings) insert—
(1)This section applies if an authority administering housing benefit or council tax benefit has power to bring proceedings for a benefit offence relating to that benefit.
(2)The authority may bring proceedings for a benefit offence relating to any other relevant social security benefit unless—
(a)the proceedings relate to any benefit or circumstances or any description of benefit or circumstances which the Secretary of State prescribes for the purposes of this paragraph, or
(b)the Secretary of State has directed that the authority must not bring the proceedings,
and a direction under paragraph (b) may relate to a particular authority or description of authority or to particular proceedings or any description of proceedings.
(3)If the Secretary of State prescribes conditions for the purposes of this section, an authority must not bring proceedings under this section unless any such condition is satisfied.
(4)The Secretary of State may continue proceedings which have been brought by an authority under this section as if the proceedings had been brought in his name or he may discontinue the proceedings if—
(a)he makes provision under subsection (2)(a), such that the authority would no longer be entitled to bring the proceedings under this section,
(b)he gives a direction under subsection (2)(b) in relation to the proceedings, or
(c)a condition prescribed under subsection (3) ceases to be satisfied in relation to the proceedings.
(5)In the exercise of its power under subsection (2), a local authority must have regard to the Code for Crown Prosecutors issued by the Director of Public Prosecutions under section 10 of the Prosecution of Offences Act 1985—
(a)in determining whether the proceedings should be instituted;
(b)in determining what charges should be preferred;
(c)in considering what representations to make to a magistrates' court about mode of trial;
(d)in determining whether to discontinue proceedings.
(6)An authority must not bring proceedings for a benefit offence which does not relate to housing benefit or council tax benefit otherwise than in accordance with this section.
(7)In subsection (2), “relevant social security benefit” has the same meaning as in section 121DA below.
(8)This section does not apply to Scotland.”]
Textual Amendments
F2S. 47 repealed (1.4.2013 for specified purposes) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 14 Pt. 1; S.I. 2013/358, art. 8(c), Sch. 4 (with arts. 9, 10, Sch. 5)
Commencement Information
I3S. 47 in force at 19.2.2008 for specified purposes by S.I. 2008/411, art. 2(4)(b)
I4S. 47 in force at 7.4.2008 in so far as not already in force by S.I. 2008/411, art. 2(5)
Prospective
[F3(1)Section 122C of the Administration Act (supply of information to authorities administering benefit) is amended as follows—
(a)in subsection (2) at the end insert “ or for the purposes of anything the authority is permitted to do in relation to any other benefit by virtue of section 110A or 116A above ”;
(b)in subsection (3)(a) for “offences relating to housing benefit or council tax benefit” substitute “ benefit offences (within the meaning of Part 6 above) ”.]
[F3(2)Section 122D of that Act (supply of information by authorities administering benefit) is amended as follows—
(a)in subsection (1), for “benefit administration information” substitute “ relevant benefit information ”;
(b)in subsection (2A), after “subsection (2)” insert “ , in addition to any other purpose for which the information may be used, ”;
(c)for subsection (4) substitute—
“(4)In subsection (1) “relevant benefit information”, in relation to an authority or other person, means any information which is relevant to the exercise of any function relating to a relevant social security benefit by the authority or other person.”;
(d)in subsection (5), in each place where it occurs for “housing benefit or council tax benefit” substitute “ any relevant social security benefit ”;
(e)in subsection (6), after the definition of “private pensions policy” insert—
““relevant social security benefit” has the same meaning as in section 121DA above;”.]
[F3(3)Section 122E of that Act (supply of information between authorities administering benefit) is amended as follows—
(a)in subsection (1) for “benefit administration information” substitute “ relevant benefit information ”;
(b)in subsection (2)(a) for “offences relating to housing benefit or council tax benefit” substitute “ benefit offences (within the meaning of Part 6 above) ”;
(c)for subsection (6) substitute—
“(6)In this section “relevant benefit information”, in relation to an authority or other person, means any information which is relevant to the exercise of any function relating to a relevant social security benefit (within the meaning of section 121DA above) by the authority or other person.”]
(4)In section 126A of that Act (power to require information from landlords and agents), in subsection (8) for “benefit administration information” substitute “ relevant benefit information ”.
Textual Amendments
F3S. 48(1)-(3) repealed (1.4.2013 for specified purposes) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 14 Pt. 1; S.I. 2013/358, art. 8(c), Sch. 4 (with arts. 9, 10, Sch. 5)
(1)In section 7 of the Social Security Fraud Act 2001 (c. 11) (loss of benefit for commission of benefit offences) in subsection (1)(b) (period within which later offence must be committed), for “three years” substitute “ five years ”.
(2)The amendment made by subsection (1) shall be disregarded insofar as the application of section 7(1)(b) of that Act involves considering whether an offence committed before the day on which this section comes into force was committed within the relevant period.
Commencement Information
I5S. 49 in force at 1.4.2008 by S.I. 2008/787, art. 2(2)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: