The Social Security (Loss of Benefit)(Amendment) Regulations 2013
| Jurisdiction | UK Non-devolved |
| Citation | SI 2013/385 |
| Year | 2013 |
2013 No. 385
Social Security
The Social Security (Loss of Benefit)(Amendment) Regulations 2013
Made 25th February 2013
Coming into force in accordance with regulation 1(2)
The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 6B(5A), (6), (7)(c), (8), (9), (11) and (14), 7(2A), (3), (4)(c), (4A), (4B) and (6), 8(4)(c), 9(2), (2A), (3), (4)(c), (4A) and (4B), 10(1) and 11(1) of the Social Security Fraud Act 20011and section 189(4) to (6) of the Social Security Administration Act 1992 (“the Administration Act”)2.
In accordance with section 173(1)(b) of the Administration Act, the Secretary of State has obtained the agreement of the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to it3.
A draft of these Regulations has been laid before, and approved by resolution of, each House of Parliament in accordance with section 11(3) of the Social Security Fraud Act 2001.
Citation and commencement
1.—(1) These Regulations may be cited as the Social Security (Loss of Benefit)(Amendment) Regulations 2013.
(2) They come into force—
(a)
(a) for the purposes of the provisions specified in paragraph (3), on 29th April 2013;
(b)
(b) for the purposes of regulations 3(f), 11(2) and 12, on 8th April 2013;
(c)
(c) for all other purposes, on 1st April 2013.
(3) The specified provisions are—
(a)
(a) regulation 3(d), (e) and (g);
(b)
(b) regulation 4(3), (6) and (7);
(c)
(c) regulation 5(3), (5)(b) and (6);
(d)
(d) regulation 9; and
(e)
(e) regulation 14.
Amendment of the Social Security (Loss of Benefit) Regulations 2001
2. The Social Security (Loss of Benefit) Regulations 20014are amended as follows.
Amendment of regulation 1(2)
3. In regulation 1(2) (interpretation)—
(a) before the definition of “the Act” insert—
““the 2007 Act” means the Welfare Reform Act 20075;”;
““the 2012 Act” means the Welfare Reform Act 20126;”;
(b) after the definition of “the Act” insert—
““the Administration Act” means the Social Security Administration Act 1992;”;
(c) after the definition of “the Benefits Act” insert—
““the ESA Regulations” means the Employment and Support Allowance Regulations 20087;”;
(d) after the definition of “the Jobseeker’s Allowance Regulations” insert—
““the UC Regulations” means the Universal Credit Regulations 20138;”;
““assessment period” has the same meaning as in the UC Regulations;”;
(e) after the definition of “disqualification period” insert—
““income-based jobseeker’s allowance” means an income-based allowance under the Jobseekers Act as it has effect apart from the amendments made by Part 1 of Schedule 14 to the 2012 Act (to remove references to an income-based allowance);”;
““income-related employment and support allowance” means an income-related allowance under the Part 1 of the 2007 Act as it has effect apart from the amendments made by Schedule 3 and Part 1 of Schedule 14 to the 2012 Act (to remove references to an income-related allowance);”;
““joint claimant” means each of joint claimants as defined in section 40 of the 2012 Act;”;
(f) after the definition of “pay day”9insert—
““personal independence payment” means the allowance under Part 4 of the 2012 Act;”;
(g) after the definition of “relevant authority” add—.
““universal credit” means the benefit payable under Part 1 of the 2012 Act.”.
Amendment of regulation 1A
4.—(1) Regulation 1A (disqualification period: section 6B(11) of the Act)10is amended as follows.
(2) At the end of paragraph (2)(a) add “other than a benefit to which paragraph (5A) applies”.
(3) At the end of paragraph (2)(a) add “or universal credit”.
(4) After paragraph (5) insert—
“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.”.
(5) In paragraph (6), for “neither paragraph (2) nor paragraph (4) applies” substitute “paragraph (5A) applies or where there is no sanctionable benefit payable on the determination day”.
(6) After paragraph (6) insert—
“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.
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) In paragraph (7)—
(a)
(a) in sub-paragraph (a), after “paragraph (2)” insert “or (6A)”;
(b)
(b) in sub-paragraph (b)—
(i) for “that paragraph” substitute “those paragraphs”;
(ii) after “paragraph (3)” insert “or (6B)”.
Amendment of regulation 2
5.—(1) Regulation 2 (disqualification period: section 7(6) of the Act) 11is amended as follows.
(2) At the end of paragraph (2)(a), add “other than a benefit to which paragraph (5A) applies”.
(3) At the end of paragraph (2)(a), add “or universal credit”.
(4) After paragraph (5) insert—
“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.”.
(5) In paragraph (6)—
(a)
(a) for “neither paragraph (2) nor paragraph (4) applies” substitute “paragraph (5A) applies or where there is no sanctionable benefit payable on the determination day”;
(b)
(b) at the beginning of sub-paragraph (c) insert “universal credit,”.
(6) After paragraph (6) insert—
“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.
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) In paragraph (7), after “this regulation” insert “but except where paragraph (8) applies”.
(8) After paragraph (7) add—
“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.”.
Insertion of regulation 2A
6. After regulation 2 insert—
“Prescribed offences: section 6B(14)(b) of the Act
2A.—(1) Paragraphs (2) to (4) prescribe offences which are relevant offences for the purpose of sections 6B and 7 of the Act where section 6B(14)(b)(i), (ii) or (iii) of the Act applies.
(2) In England and Wales, offences under—
(a)
(a) section 8 of the Accessories and Abettors Act 186112;
(b)
(b) section 1 of the Criminal Law Act 197713;
(c)
(c) section 1, 3, 4 or 5 of the Forgery and Counterfeiting Act 198114;
(d)
(d) section 6 or 7 of the Fraud Act 200615; and
(e)
(e) section 44, 45 or 46 of the Serious Crime Act 200716.
(3) In England, Wales or Scotland, offences under—
(a)
(a) section 182 of the Administration Act;
(b)
(b) section 327, 328 or 329 of the Proceeds of Crime Act 200217; and
(c)
(c) section 4, 5 or 6 of the Identity Documents Act 201018.
(4) In Scotland—
(a)
(a) the common law offences of—
(i) conspiracy to defraud;
(ii) embezzlement;
(iii) fraud;
(iv) fraudulent scheme; and
(v) uttering;
(b)
(b) offences under—
(i) section 44 of the Criminal Law (Consolidation) (Scotland) Act 199519;
(ii) section 28 or 30 of the Criminal Justice and Licensing (Scotland) Act 201020(“the 2010 Act”); and
(c)
(c) offences to which section 29 of the 2010 Act (offences aggravated by connection with serious organised crime) applies.
(5) Paragraphs (6) and (7) prescribe offences which are relevant offences for the purpose of sections 6B and 7 of the Act where section 6B(14)(b)(i) or (ii) of the Act applies.
(6) In England and Wales, offences under section 1 of the Fraud Act 2006.
(7) In England, Wales or Scotland, offences under—
(a)
(a) section 111A of the Administration Act21;
(b)
(b) section 35 of the Tax Credits Act 200222.”.
Amendment of regulation 3 and transitional provision
7.—(1) Regulation 3 (reduction of income support and income-related employment and support allowance)23is amended as follows.
(2) In the heading omit “and income-related employment and support allowance”.
(3) In paragraph (1), omit “or an income-related employment and support allowance”.
(4) In paragraph (5), omit “or an income-related employment and support allowance”.
(5) In paragraph (6) omit the words from “or, as the case may be” to the end of that paragraph.
(6) The amendments made by this regulation do not apply—
(a)
(a) in relation to a person whose payment of income-related employment and support allowance was being reduced in accordance with regulation 3 of the Social Security (Loss of Benefit)...
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