Welfare Reform Act 2009

2 (1) Section 7 of the 2001 Act (loss of benefit for commission of benefit offences) is amended as follows.

(2) In subsection (8)—

(a) after the definition of “benefit offence” insert—

• ““post-commencement offence” means an offence committed on or after 1 April 2002 (the day on which this section came into force).”, and

(b) omit the definitions of “disqualifying benefit” and “sanctionable benefit”.

(3) In subsection (9)—

(a) in paragraph (a), after “sentenced)” insert “or in the case mentioned in paragraph (b)(ii) the date of the order for absolute discharge”, and

(b) for paragraph (b) substitute—

“(b) references to a conviction include references to—

(i) a conviction in relation to which the court makes an order for absolute or conditional discharge or a court in Scotland makes a probation order,

(ii) an order for absolute discharge made by a court of summary jurisdiction in Scotland under section 246(3) of the Criminal Procedure (Scotland) Act 1995 without proceeding to a conviction, and

(iii) a conviction in Northern Ireland.”.

(4) Omit subsection (11).

(5) In the heading, for “commission of benefit offences” substitute “second or subsequent conviction of benefit offence”.