12.—(1) In the circumstances referred to in sub-paragraph (2), a decision of the Secretary of State that a sanctionable benefit as defined in section 6A(1) of the Fraud Act M1 is not payable (or is to be reduced) pursuant to section 6B, 7 or 9 of that Act as a result of—U.K.
(a)a conviction for one or more benefit offences in one set of proceedings;
(b)an agreement to pay a penalty as an alternative to prosecution;
(c)a caution in respect of one or more benefit offences; or
(d)a conviction for one or more benefit offences in each of two sets of proceedings, the later offence or offences being committed within the period of 5 years after the date of any of the convictions for a benefit offence in the earlier proceedings.
(2) The circumstances are that the only ground of appeal is that any of the convictions was erroneous, or that the offender (as defined in section 6B(1) of the Fraud Act) M2 did not commit the benefit offence in respect of which there has been an agreement to pay a penalty or a caution has been accepted.
Marginal Citations
M1Section 6A was inserted by section 24 of the 2009 Act. Relevant amendments were made to subsection (1) by sections 91, 117 and 147 of, and paragraphs 45 and 46 of Schedule 9 and Schedule 14 to, the 2012 Act.
M2Section 6B was inserted by section 24 of the 2009 Act. Section 6B was amended by section 113(8) of the 2012 Act and by the 2009 and 2012 Acts, from a date to be appointed.