The Social Security (Loss of Benefit) Regulations 2001

[F1 Disqualification period: section 7(6) of the Act E+W+S

2.— (1)  The first day of the disqualification period for the purposes of section 7(6) of the Act (“ DQ-day ”) shall be as follows.

(2) This paragraph applies where on the determination day—

(a) the offender is in receipt of a sanctionable benefit [F2 other than a benefit to which paragraph (5A) applies [F3 or universal credit]];

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

(c) the offender’s family member is in receipt of income support, jobseeker’s allowance, state pension credit, employment and support allowance, housing benefit or council tax benefit.

(3) Where paragraph (2) applies and paragraph (4) does not apply—

(a) in relation to a sanctionable benefit which is paid in arrears, DQ-day is the day following the first pay day after the end of the period of 28 days beginning with the determination day; and

(b) in relation to a sanctionable benefit which is paid in advance, DQ-day is the first pay day after the end of the period of 28 days beginning with the determination day.

(4) This paragraph applies where on the determination day the offender or (as the case may be) the offender’s family member is in receipt of—

(a) either housing benefit or council tax benefit or of both of those benefits; and

(b) no other sanctionable benefit.

(5) Where paragraph (4) applies—

(a) in relation to housing benefit or council tax benefit which is paid in arrears, DQ-day is the day following the first pay day after the end of the period of 28 days beginning with the first day after the determination day on which the Secretary of State is notified by the relevant authority that the offender or the offender’s family member is in receipt of either housing benefit or council tax benefit (or both of those benefits) or has been awarded either or both of those benefits; and

(b) in relation to housing benefit or council tax benefit which is paid in advance, DQ-day is the first pay day after the end of the period of 28 days beginning with the first day after the determination day on which the Secretary of State is so notified by the relevant authority.

[F4 (5A) This paragraph applies where on the determination day the offender or, as the case may be, the offender’s family member is in receipt of a sanctionable benefit which is neither payable wholly in advance nor wholly in arrears and no other sanctionable benefit.]

(6)  Where [F5 paragraph (5A) applies or where there is no sanctionable benefit payable on the determination day ], DQ-day is the first day after the end of the period of 28 days beginning with the determination day on which the Secretary of State decides to award—

(a) a sanctionable benefit to the offender;

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

(c) [F6 universal credit,] income support, jobseeker’s allowance, state pension credit or employment and support allowance to the offender’s family member.

[F7 (6A) Paragraph (6B) applies where on the determination day, the offender or, as the case may be, the offender’s family member is in receipt of universal credit.]

[F7 (6B) Where this paragraph applies, DQ-day is—

(a) if the first day after the end of the period of 28 days beginning with the determination day is the first day of an assessment period, that day;

(b) if the first day after the end of the period of 28 days beginning with the determination day is not the first day of an assessment period, the first day of the next assessment period after that day.]

(7)  For the purposes of the preceding provisions of this regulation [F8 but except where paragraph (8) applies], DQ-day is to be no later than 5 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. ]

[F9 (8) Where the date of the conviction of the offender for the benefit offence in the later proceedings is on or after 1st April 2013 and on the determination day—

(a) paragraph (2) or (6A) applies in the case of an offender or, as the case may be, an offender’s family member; but

(b) that person ceases to be in receipt of a benefit referred to in those paragraphs before the first day of the disqualification period that would apply by virtue of paragraph (3) or (6B),

DQ-day is the first day after the end of the period of 28 days beginning with the determination day.]

Textual Amendments

F1 Regs. 1A-2 substituted for reg. 2 (1.4.2010) by The Social Security (Loss of Benefit) Amendment Regulations 2010 (S.I. 2010/1160), regs. 1, 2(3)

F2 Words in reg. 2(2)(a) added (E.W.S.) (1.4.2013) by The Social Security (Loss of Benefit)(Amendment) Regulations 2013 (S.I. 2013/385), regs. 1(2)(c), 5(2)

F3 Words in reg. 2(2)(a) added (E.W.S.) (29.4.2013) by The Social Security (Loss of Benefit)(Amendment) Regulations 2013 (S.I. 2013/385), reg. 1(2)(a)(3)5(3)

F4 Reg. 2(5A) inserted (E.W.S.) (1.4.2013) by The Social Security (Loss of Benefit)(Amendment) Regulations 2013 (S.I. 2013/385), regs. 1(2)(c), 5(4)

F5 Words in reg. 2(6) substituted (E.W.S.) (1.4.2013) by The Social Security (Loss of Benefit)(Amendment) Regulations 2013 (S.I. 2013/385), regs. 1(2)(c), 5(5)(a)

F6 Words in reg. 2(6)(c) inserted (E.W.S.) (29.4.2013) by The Social Security (Loss of Benefit)(Amendment) Regulations 2013 (S.I. 2013/385), reg. 1(2)(a)(3)5(5)(b)

F7 Reg. 2(6A)(6B) inserted (29.4.2013) by The Social Security (Loss of Benefit)(Amendment) Regulations 2013 (S.I. 2013/385), reg. 1(2)(a)(3)5(6)

F8 Words in reg. 2(7) inserted (E.W.S.) (1.4.2013) by The Social Security (Loss of Benefit)(Amendment) Regulations 2013 (S.I. 2013/385), regs. 1(2)(c), 5(7)

F9 Reg. 2(8) added (1.4.2013) by The Social Security (Loss of Benefit)(Amendment) Regulations 2013 (S.I. 2013/385), regs. 1(2)(c), 5(8)