The Social Security (Loss of Benefit) Regulations 2001

Citation, commencement and interpretationE+W+S

1.—(1) These Regulations may be cited as the Social Security (Loss of Benefit) Regulations 2001 and shall come into force on 1st April 2002.

(2) In these Regulations, unless the context otherwise requires—

• [F1 “the 2007 Act ” means the Welfare Reform Act 2007; ]

• [F1 “the 2012 Act ” means the Welfare Reform Act 2012; ]

• “the Act" means the Social Security Fraud Act 2001;

• [F2 “the Administration Act ” means the Social Security Administration Act 1992; ]

• [F3“armed forces independence payment” means armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011;]

• “the Benefits Act" means the Social Security Contributions and Benefits Act 1992 M1;

• [F4 “the ESA Regulations ” means the Employment and Support Allowance Regulations 2008; ]

• “[F5the Council Tax Benefit Regulations” means the Council Tax Benefit Regulations 2006];

• [F6 “the Council Tax Benefit (State Pension Credit) Regulations” means the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006;]

• [F7“the determination day” means (subject to paragraph (2A)) the day on which the Secretary of State determines that a restriction under—

  (a)

  section 6B or 7 of the Act would be applicable to the offender were the offender in receipt of a sanctionable benefit;

  (b)

  section 8 of the Act would be applicable to the offender were the offender a member of a joint-claim couple which is in receipt of a joint-claim jobseeker’s allowance; or

  (c)

  section 9 of the Act would be applicable to the offender’s family member were that member in receipt of income support, jobseeker’s allowance, state pension credit, employment and support allowance, housing benefit or council tax benefit;]

• “[F8the Housing Benefit Regulations” means the Housing Benefit Regulations 2006];

• [F9 “the Housing Benefit (State Pension Credit) Regulations” means the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006;]

• “the Income Support Regulations" means the Income Support (General) Regulations 1987M2;

• “the Jobseekers Act" means the Jobseekers Act 1995 M3;

• “the Jobseeker’s Allowance Regulations" means the Jobseeker’s Allowance Regulations 1996 M4;

• [F10 “the UC Regulations ” means the Universal Credit Regulations 2013; ]

• [F10 “assessment period” has the same meaning as in the UC Regulations ; ]

• “claimant" in a regulation means the person claiming the sanctionable benefit referred to in that regulation;

• “disqualification period" means the period in respect of which the restrictions on payment of a relevant benefit apply in respect of an offender in accordance with section [F116B(11) or] 7(6) of the Act and shall be interpreted in accordance with [F12regulations 1A and 2]; and

• [F13 “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); ]

• [F13 “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); ]

• [F13 “joint claimant” means each of joint claimants as defined in section 40 of the 2012 Act ; ]

• “offender" means the person who is subject to the restriction in the payment of his benefit in accordance with section [F146B or] 7 of the Act.

• [F7“pay day” in relation to a sanctionable benefit means the day on which that benefit is due to be paid;]

• [F15 “personal independence payment” means the allowance under Part 4 of the 2012 Act ; ]

• [F16“relevant authority” in relation to housing benefit or council tax benefit means the relevant authority administering the benefit of the offender or the offender’s family member.]

• [F17 “universal credit” means the benefit payable under Part 1 of the 2012 Act . ]

[F18(2A) Where, for the purposes of section 6B of the Act, the disqualifying event is an agreement to pay a penalty as referred to in section 6B(1)(b) of the Act, the determination day is the 28th day after the day referred to in the definition of that term in paragraph (2).]

(3) Expressions used in these Regulations which are defined either for the purposes of the Jobseekers Act or for the purposes of the Jobseeker’s Allowance Regulations shall, except where the context otherwise requires, have the same meaning as for the purposes of that Act or, as the case may be, those Regulations.

(4) In these Regulations, unless the context otherwise requires, a reference—

(a)to a numbered regulation is to the regulation in these Regulations bearing that number;

(b)in a regulation to a numbered paragraph is to the paragraph in that regulation bearing that number.