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Social Security Fraud Act (Northern Ireland) 2001

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This is the original version (as it was originally enacted).

Loss of benefit regulations

This section has no associated Explanatory Notes

10.—(1) In sections 6 to 9 “prescribed” means prescribed by or determined in accordance with regulations made by the Department.

(2) Regulations under any of the provisions of sections 6 to 9 shall (except in the case of regulations to which subsection (3) applies) be subject to negative resolution.

(3) Regulations containing (whether alone or with other provisions)—

(a)a provision by virtue of which anything is to be treated for the purposes of section 6 as a disqualifying benefit but not a sanctionable benefit,

(b)a provision prescribing the manner in which the applicable amount is to be reduced for the purposes of section 6(3) or 8(3),

(c)a provision the making of which is authorised by section 6(4) or (5), 7(4) or 8(4) or (5), or

(d)a provision prescribing the manner in which the amount of joint-claim jobseeker’s allowance is to be reduced for the purposes of section 7(3)(a),

shall be laid before the Assembly after being made and shall take effect on such date as may be specified in the regulations, but shall (without prejudice to the validity of anything done thereunder or to the making of new regulations) cease to have effect upon the expiration of a period of six months from that date unless at some time before the expiration of that period the regulations have been approved by a resolution of the Assembly.

(4) Article 74(3) to (6) of the Social Security (Northern Ireland) Order 1998 (NI 10) (regulations and orders) shall apply in relation to a power to make regulations that is conferred by any of the provisions of sections 6 to 9 as it applies in relation to the powers to make regulations that are conferred by that Order.

(5) The provision that may be made in exercise of the powers to make regulations that are conferred by sections 6 to 9 shall include different provision for different areas.

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