PART IE+W+S GENERAL

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.

[F19Disqualification period: section 6B(11) of the ActE+W+S

1A.—(1)  The first day of the disqualification period for the purposes of section 6B(11) of the Act (“ DQ-day ”) shall be as follows.

(2) This paragraph applies where on the determination day—

(a)the offender is in receipt of a sanctionable benefit [F20other than a benefit to which paragraph (5A) applies [F21or universal credit]];

(b)the offender is a member of a joint-claim couple which is in receipt of a joint-claim jobseeker’s allowance; or

(c)the offender’s family member is in receipt of income support, jobseeker’s allowance, state pension credit, employment and support allowance, housing benefit or council tax benefit.

(3) Where paragraph (2) applies and paragraph (4) does not apply (but subject to paragraph (7))—

(a) in relation to a sanctionable benefit which is paid in arrears, DQ-day is the day following the first pay day after the end of the period of 28 days beginning with the determination day; and

(b) in relation to a sanctionable benefit which is paid in advance, DQ-day is the first pay day after the end of the period of 28 days beginning with the determination day.

(4) 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)either housing benefit or council tax benefit or both of those benefits; and

(b)no other sanctionable benefit.

(5) Where paragraph (4) applies—

(a) in relation to housing benefit or council tax benefit which is paid in arrears, DQ-day is the day following the first pay day after the end of the period of 28 days beginning with the first day after the determination day on which the Secretary of State is notified by the relevant authority that the offender or the offender’s family member is in receipt of either housing benefit or council tax benefit (or both of those benefits) or has been awarded either or both of those benefits; and

(b) in relation to housing benefit or council tax benefit which is paid in advance, DQ-day is the first pay day after the end of the period of 28 days beginning with the first day after the determination day on which the Secretary of State is so notified by the relevant authority.

[F22(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.]

(6)  Where [F23 paragraph (5A) applies or where there is no sanctionable benefit payable on the determination day], DQ-day is the first day after the end of the period of 28 days beginning with the determination day.

[F24(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.]

[F24(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) Where on the determination day—

(a)paragraph (2) [F25or (6A)] applies in the case of an offender or (as the case may be) the offender’s family member, but

(b)that person ceases to be in receipt of a benefit referred to in [F26those paragraphs] before the first day of the disqualification period that would apply by virtue of paragraph (3) [F27or (6B)],

DQ-day is the first day after the end of the period of 28 days beginning with the determination day.]

[F19Disqualification period: section 7(6) of the ActE+W+S

2.—(1)  The first day of the disqualification period for the purposes of section 7(6) of the Act (“ DQ-day ”) shall be as follows.

(2) This paragraph applies where on the determination day—

(a)the offender is in receipt of a sanctionable benefit [F28other than a benefit to which paragraph (5A) applies [F29or universal credit]];

(b)the offender is a member of a joint-claim couple which is in receipt of a joint-claim jobseeker’s allowance; or

(c)the offender’s family member is in receipt of income support, jobseeker’s allowance, state pension credit, employment and support allowance, housing benefit or council tax benefit.

(3) Where paragraph (2) applies and paragraph (4) does not apply—

(a) in relation to a sanctionable benefit which is paid in arrears, DQ-day is the day following the first pay day after the end of the period of 28 days beginning with the determination day; and

(b) in relation to a sanctionable benefit which is paid in advance, DQ-day is the first pay day after the end of the period of 28 days beginning with the determination day.

(4) 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)either housing benefit or council tax benefit or of both of those benefits; and

(b)no other sanctionable benefit.

(5) Where paragraph (4) applies—

(a) in relation to housing benefit or council tax benefit which is paid in arrears, DQ-day is the day following the first pay day after the end of the period of 28 days beginning with the first day after the determination day on which the Secretary of State is notified by the relevant authority that the offender or the offender’s family member is in receipt of either housing benefit or council tax benefit (or both of those benefits) or has been awarded either or both of those benefits; and

(b) in relation to housing benefit or council tax benefit which is paid in advance, DQ-day is the first pay day after the end of the period of 28 days beginning with the first day after the determination day on which the Secretary of State is so notified by the relevant authority.

[F30(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.]

(6)  Where [F31 paragraph (5A) applies or where there is no sanctionable benefit payable on the determination day ], DQ-day is the first day after the end of the period of 28 days beginning with the determination day on which the Secretary of State decides to award—

(a)a sanctionable benefit to the offender;

(b)a joint-claim jobseeker’s allowance to a joint-claim couple of which the offender is a member; or

(c)[F32universal credit,] income support, jobseeker’s allowance, state pension credit or employment and support allowance to the offender’s family member.

[F33(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.]

[F33(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)  For the purposes of the preceding provisions of this regulation [F34but except where paragraph (8) applies], DQ-day is to be no later than 5 years and 28 days after the date of the conviction of the offender for the benefit offence in the later proceedings referred to in section 7(1) of the Act; and section 7(9) of the Act (date of conviction and references to conviction) shall apply for the purposes of this paragraph as it applies for the purposes of section 7 of the Act. ]

[F35(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.]

[F36Prescribed offences: section 6B(14)(b) of the ActE+W+S

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)section 8 of the Accessories and Abettors Act 1861;

(b)section 1 of the Criminal Law Act 1977;

(c)section 1, 3, 4 or 5 of the Forgery and Counterfeiting Act 1981;

(d)section 6 or 7 of the Fraud Act 2006; and

(e)section 44, 45 or 46 of the Serious Crime Act 2007.

(3) In England, Wales or Scotland, offences under—

(a) section 182 of the Administration Act ;

(b)section 327, 328 or 329 of the Proceeds of Crime Act 2002; and

(c)section 4, 5 or 6 of the Identity Documents Act 2010.

(4) In Scotland—

(a)the common law offences of—

(i)conspiracy to defraud;

(ii)embezzlement;

(iii)fraud;

(iv)fraudulent scheme; and

(v)uttering;

(b)offences under—

(i)section 44 of the Criminal Law (Consolidation) (Scotland) Act 1995;

(ii)section 28 or 30 of the Criminal Justice and Licensing (Scotland) Act 2010 (“the 2010 Act”); and

(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) section 111A of the Administration Act ;

(b)section 35 of the Tax Credits Act 2002.]