The Social Security Administration Act 1992 (Local Authority Investigations) Regulations 2016

Statutory Instruments

2016 No. 519

Social Security, England And Wales

The Social Security Administration Act 1992 (Local Authority Investigations) Regulations 2016

Made

21st April 2016

Laid before Parliament

27th April 2016

Coming into force

24th May 2016

The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 116ZA(8) and 189(1) of the Social Security Administration Act 1992(1).

In accordance with section 173(1)(b) of the Social Security Administration Act 1992, the Social Security Advisory Committee has agreed that the proposals for these Regulations need not be referred to it.

In accordance with section 176(1) of the Social Security Administration Act 1992, the Secretary of State has consulted with organisations appearing to him to be representative of the authorities concerned.

Citation and commencement

1.  These Regulations may be cited as the Social Security Administration Act 1992 (Local Authority Investigations) Regulations 2016 and come into force on 24th May 2016.

Definition of “an investigation in respect of a benefit offence”

2.  For the purposes of section 116ZA of the Social Security Administration Act 1992 (local authority powers to prosecute housing benefit and council tax benefit fraud), “an investigation in respect of a benefit offence” means an investigation which is being conducted with a view to determining whether there are grounds for instituting criminal proceedings in respect of a benefit offence against a person.

Signed by authority of the Secretary of State for Work and Pensions

Freud

Minister of State,

Department for Work and Pensions

21st April 2016

EXPLANATORY NOTE

(This note is not part of the Regulations)

Section 116ZA of the Social Security Administration Act 1992 (c.5) (“the 1992 Act”), which is inserted by section 112(1) and (2) of the Welfare Reform Act 2012 (c.5), limits the powers of local authorities to prosecute housing benefit and council tax benefit fraud. Section 116ZA(8) provides that regulations shall define an “investigation in respect of a benefit offence” for the purposes of section 116ZA. Section 116ZA(9) provides that section 116ZA does not apply to Scotland.

Regulation 2 defines “an investigation in respect of a benefit offence” for the purposes of section 116ZA “The relevant social security legislation” is defined in section 121DA(1) and “benefit offence” is defined in section 121DA(5) of the 1992 Act.

An impact assessment has not been produced for this instrument as it has no impact on business or civil society organisations.

(1)

1992 c. 5. Section 116ZA was inserted by section 112(1) and (2) of the Welfare Reform Act 2012. Section 189(1) was amended by section 86(1), (2), Sch 7, para 109(a) and Sch 8 to the Social Security Act 1998 (c. 14); by section 2, and Sch 3, para 57(1) and (2) of the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2) and by section 60 and Sch 6 to the Tax Credits Act 2002 (c. 21).