The Social Security (Loss of Benefit) Amendment Regulations 2010

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

3.—(1) The Social Security and Child Support (Decisions and Appeals) Regulations 1999(1) are amended as follows.

(2) For regulation 3(8B)(2) (revision of decisions) substitute—

“(8B) Where—

(a)a restriction is imposed on a person under section 6B, 7, 8 or 9 of the Social Security Fraud Act 2001 (loss of benefit provisions) as result of the person—

(i)being convicted of an offence by a court; or

(ii)agreeing to pay a penalty as an alternative to prosecution under section 115A of the Administration Act or section 109A of the Social Security Administration (Northern Ireland) Act 1992, and

(b)that conviction is quashed or set aside by that or any other court, or the person withdraws his agreement to pay a penalty,

a decision of the Secretary of State made under section 8(1)(a) or made under section 10 in accordance with regulation 6(2)(j) or (k) may be revised at any time.”.

(3) In regulation 6(2)(j)(3) (supersession of decisions)—

(a)after the first mention of “section” insert “6B,”;

(b)for “same meaning as in section 7”, substitute “meaning given in section 6A”.

(4) In regulation 7(28)(4) (date from which a decision superseded under section 10 takes effect) after “section” insert “6B or”.

(5) For paragraph 27 of Schedule 2(5) (decisions against which no appeal lies) substitute—

“Loss of Benefit

27.—(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 Social Security Fraud Act 2001 is not payable (or is to be reduced) pursuant to section 6B, 7, 8 or 9 of that Act as a result of—

(a)a conviction for one or more benefit offences in one set of proceedings;

(b)an agreement to pay a penalty under section 115A of the Administration Act (penalty as alternative to prosecution) or section 109A of the Social Security Administration (Northern Ireland) Act 1992 (the corresponding provision for Northern Ireland) in relation to a benefit offence;

(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 Social Security Fraud Act 2001) 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.”.