The Social Security (Loss of Benefit) Regulations 2001

PART I E+W+S GENERAL

Citation, commencement and interpretation E+W+S

1.—(1) These Regulations may be cited as the Social Security (Loss of Benefit) Regulations 2001 and shall come into force on 1st April 2002.

(2) In these Regulations, unless the context otherwise requires—

• “the Act" means the Social Security Fraud Act 2001;

• “the Benefits Act" means the Social Security Contributions and Benefits Act 1992 M1 ;

• “the Council Tax Benefit Regulations" means the Council Tax Benefit (General) Regulations 1992 M2 ;

• “the Housing Benefit Regulations" means the Housing Benefit (General) Regulations 1987 M3 ;

• “the Income Support Regulations" means the Income Support (General) Regulations 1987 M4 ;

• “the Jobseekers Act" means the Jobseekers Act 1995 M5 ;

• “the Jobseeker’s Allowance Regulations" means the Jobseeker’s Allowance Regulations 1996 M6 ;

• “claimant" in a regulation means the person claiming the sanctionable benefit referred to in that regulation;

• “disqualification period" means the period in respect of which the restrictions on payment of a relevant benefit apply in respect of an offender in accordance with section 7(6) of the Act and shall be interpreted in accordance with regulation 2; and

• “offender" means the person who is subject to the restriction in the payment of his benefit in accordance with section 7 of the Act.

(3) Expressions used in these Regulations which are defined either for the purposes of the Jobseekers Act or for the purposes of the Jobseeker’s Allowance Regulations shall, except where the context otherwise requires, have the same meaning as for the purposes of that Act or, as the case may be, those Regulations.

(4) In these Regulations, unless the context otherwise requires, a reference—

(a) to a numbered regulation is to the regulation in these Regulations bearing that number;

(b) in a regulation to a numbered paragraph is to the paragraph in that regulation bearing that number.

Marginal Citations

M1 1992 c. 4

M2 S.I. 1992/1814.

M3 S.I. 1987/1971.

M4 S.I. 1987/1967 .

M5 1995 c. 18 .

M6 S.I. 1996/207 .

Disqualification period E+W+S

2.—(1) Subject to paragraph (2), the first day of the disqualification period for the purpose of section 7(6) of the Act shall be—

(a) [F1 subject to sub-paragraph (c),] where, on the determination day—

(i) the offender is in receipt of a sanctionable benefit;

(ii) the offender is a member of a joint-claim couple which is in receipt of a joint-claim jobseeker’s allowance; or

(iii) the offender’s family member is in receipt of income support, jobseeker’s allowance, housing benefit or council tax benefit,

the day which is 28 days after the determination day;

(b) where sub-paragraph (a) does not apply, the day which is 28 days after the first day after the determination day on which the Secretary of State decides to award—

(i) a sanctionable benefit to the offender;

(ii) a joint-claim jobseeker’s allowance to a joint-claim couple of which the offender is a member; or

(iii) [F2 income support or jobseeker’s allowance] to an offender’s family member.

[F3 (c) where the only sanctionable benefits which the offender or, as the case may be, the offender’s family member, is in receipt of are housing benefit or council tax benefit or both of them, the day which is 28 days after the first day after the determination day on which the Secretary of State is notified by the relevant authority that the offender or an offender’s family member is in receipt of either or both of those benefits or, as the case may be, has been awarded either or both of those benefits and in this sub-paragraph, “relevant authority” means the relevant authority administering the offender’s or the offender’s family member’s housing benefit or council tax benefit.]

(2) For the purposes of [F4 paragraph] (1), the first day of the disqualification period shall be no later than 3 years and 28 days after the date of the conviction of the offender for the benefit offence in the later proceedings referred to in section 7(1) of the Act and section 7(9) of the Act (date of conviction and references to conviction) shall apply for the purposes of this paragraph as it applies for the purposes of section 7 of the Act.

(3) In this regulation, “the determination day" means the day on which the Secretary of State determines that a restriction under—

(a) section 7 of the Act would be applicable to the offender were he in receipt of a sanctionable benefit;

(b) section 8 of the Act would be applicable to the offender were he a member of a joint-claim couple which is in receipt of a joint-claim jobseeker’s allowance; or

(c) section 9 of the Act would be applicable to the offender’s family member were that member in receipt of income support, jobseeker’s allowance, housing benefit or council tax benefit.

Textual Amendments

F1 Words in reg. 2(1)(a) inserted (E.W.S.) (1.4.2002) by Social Security (Loss of Benefit) Amendment Regulations 2002 (S.I. 2002/486), regs. 1, 2(a)

F2 Words in reg. 2(1)(b)(iii) substituted (E.W.S.) (1.4.2002) by Social Security (Loss of Benefit) Amendment Regulations 2002 (S.I. 2002/486), regs. 1, 2(b)

F3 Reg. 2(1)(c) added (E.W.S.) (1.4.2002) by Social Security (Loss of Benefit) Amendment Regulations 2002 (S.I. 2002/486), regs. 1, 2(c)

F4 Word in reg. 2(2) substituted (E.W.S.) (1.4.2002) by Social Security (Loss of Benefit) Amendment Regulations 2002 (S.I. 2002/486), regs. 1, 2(d)