The Social Security (Loss of Benefit) (Consequential Amendments) Regulations 2002

Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations 1999

8.  In the Social Security and Child Support (Decisions and Appeals) Regulations 1999(1)—

(a) after regulation 3(8A) (revision of decisions), there shall be inserted the following paragraph—

“(8B) Where a court convicts a person of an offence, that conviction results in a restriction being imposed under section 7, 8 or 9 of the Social Security Fraud Act 2001 (loss of benefit provisions) and that conviction is quashed or set aside by that or any other court, a decision of the Secretary of State under section 8(1)(a) or 10 made in accordance with regulation 6(2)(j) or (k) may be revised at any time.”;

(b) after regulation 6(2)(i) (supersession of decisions), there shall be added the following sub-paragraphs—

“(j) is a decision of the Secretary of State that a sanctionable benefit is payable to a claimant where that benefit ceases to be payable or falls to be reduced under section 7 or 9 of the Social Security Fraud Act 2001 and for this purpose “sanctionable benefit” has the same meaning as in section 7 of that Act;

(k) is a decision of the Secretary of State that a joint-claim jobseeker’s allowance is payable where that allowance ceases to be payable or falls to be reduced under section 8 of the Social Security Fraud Act 2001.”;

(c) after regulation 7(27) (date from which a decision superseded under section 10 takes effect), there shall be added the following paragraph—

“(28) A decision to which regulation 6(2)(j) or (k) applies shall take effect from the first day of the disqualification period prescribed for the purposes of section 7 of the Social Security Fraud Act 2001(2).”.

(1)

S.I. 1999/991; the relevant amending instruments are S.I. 2000/897 and 2001/1711.

(2)

The beginning of the disqualification period for the purposes of section 7 is prescribed in regulation 2 of the Social Security (Loss of Benefit) Regulations 2001 (S.I. 2001/4022).