Welfare Reform Bill

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Welfare Reform Bill

Welfare Reform Bill
Part 1 — Social security
26


all such payments and other adjustments shall be made as would be
necessary if no restriction had been imposed by or under section 6B that
could not have been imposed if the conviction had not taken place.
(2)
Where, after the agreement of any person (“P”) to pay a penalty under
the appropriate penalty provision is taken into account for the
5
purposes of the application of section 6B in relation to that person—
(a)
P’s agreement to pay the penalty is withdrawn under
subsection (5) of the appropriate penalty provision, or
(b)
it is decided on an appeal or in accordance with regulations
under the Social Security Act 1998 or the Social Security
10
(Northern Ireland) Order 1998 that the overpayment to which
the agreement relates is not recoverable or due,

all such payments and other adjustments shall be made as would be
necessary if no restriction had been imposed by or under section 6B that
could not have been imposed if P had not agreed to pay the penalty.
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(3)
Where, after the agreement (“the old agreement”) of any person (“P”) to
pay a penalty under the appropriate penalty provision is taken into
account for the purposes of the application of section 6B in relation to
P, the amount of the overpayment to which the penalty relates is
revised on an appeal or in accordance with regulations under the Social
20
Security Act 1998 or the Social Security (Northern Ireland) Order
1998—
(a)
section 6B shall cease to apply by virtue of the old agreement,
and
(b)
subsection (4) shall apply.
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(4)
Where this subsection applies—
(a)
if there is a new disqualifying event consisting of—
(i)
P’s agreement to pay a penalty under the appropriate
penalty provision in relation to the revised
overpayment, or
30
(ii)
P being cautioned in relation to the offence to which the
old agreement relates,

the disqualification period relating to the new disqualifying
event shall be reduced by the number of days in so much of the
disqualification period relating to the old agreement as had
35
expired when section 6B ceased to apply by virtue of the old
agreement, and
(b)
in any other case, all such payments and other adjustments shall
be made as would be necessary if no restriction had been
imposed by or under section 6B that could not have been
40
imposed if P had not agreed to pay the penalty.
(5)
For the purposes of section 6B—
(a)
the date of a person’s conviction in any proceedings of a benefit
offence shall be taken to be the date on which the person was
found guilty of that offence in those proceedings (whenever the
45
person was sentenced); and
(b)
references to a conviction include references to a conviction in
relation to which the court makes an order for conditional
discharge or a court in Scotland makes a probation order and to
a conviction in Northern Ireland.
50

Welfare Reform Bill
Part 1 — Social security
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(6)
In this section “the appropriate penalty provision” has the meaning
given by section 6B(2)(a).”
(2)
In Schedule 4—
(a)
Part 1 contains further amendments of the Social Security Fraud Act
2001 (c. 11), and
5
(b)
Part 2 contains related amendments of other Acts.
20
Jobseeker’s allowance: sanctions for violent conduct etc. in connection with
claim
(1)
The Jobseekers Act 1995 (c. 18) is amended as follows.
(2)
After section 20B insert—
10
“Violent conduct etc. in connection with claim
20C
Sanctions for violent conduct etc. in connection with claim
(1)
This section applies if—
(a)
a person (“the offender”) is convicted of, or in England and
Wales is cautioned in respect of, an offence involving violence
15
or harassment,
(b)
the conduct constituting the offence was done to, or in relation
to, a person who was in the course of exercising functions under
this Act on any premises,
(c)
the conduct occurred while the offender was on those premises
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for the purposes of a claim to a jobseeker’s allowance, and
(d)
the offender is a person, or a member of a joint-claim couple,
with respect to whom the conditions for entitlement to a
jobseeker’s allowance are or become satisfied.
(2)
In the case of a jobseeker’s allowance other than a joint-claim
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jobseeker’s allowance—
(a)
the allowance is not to be payable in respect of the offender for
the period of one week beginning with such date as may be
prescribed (even though the conditions for entitlement are
satisfied); and
30
(b)
on the first occasion (if any) on which another sanctions
provision applies in the case of the offender, the sanctions
period is to be extended in that case by a period of five weeks.
(3)
For the purposes of subsection (2)(b)—
(a)
the reference to another sanctions provision is to any provision
35
made by or under this Act (other than subsection (2)) which
provides for a jobseeker’s allowance not to be payable for a
period; and
(b)
the reference to the sanctions period is to the period for which
the allowance would (but for subsection (2)(b)) not be payable
40
by virtue of that provision.
(4)
In the case of a joint-claim jobseeker’s allowance—
(a)
the offender is to be treated as subject to sanctions for the
purposes of section 20A for the period of one week beginning

Welfare Reform Bill
Part 1 — Social security
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with such date as may be prescribed (even though the
conditions for entitlement are satisfied); and
(b)
on the first occasion (if any) on which another sanctions
provision applies in the case of the offender, the sanctions
period is to be extended in that case by a period of five weeks.
5
(5)
For the purposes of subsection (4)(b)—
(a)
the reference to another sanctions provision is to any provision
made by or under this Act (other than subsection (4)) which
provides for a member of a joint-claim couple to be (or treated
as being) subject to sanctions for the purposes of section 20A for
10
a period; and
(b)
the reference to the sanctions period is to the period for which
the member of the couple would (but for subsection (4)(b)) be
(or be treated as being) subject to sanctions for those purposes
by virtue of that provision.
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(6)
Regulations may make provision for subsections (2) and (4) not to
apply at any time after the end of a prescribed period or otherwise in
prescribed circumstances.
(7)
Regulations may make provision for an income-based jobseeker’s
allowance to be payable in prescribed circumstances even though the
20
preceding provisions of this section prevent payment of it.

This subsection does not apply in the case of a joint-claim jobseeker’s
allowance (corresponding provision for which is made by section
20B(4)).
(8)
The provision that may be made by regulations by virtue of subsection
25
(7) includes, in particular, provision for the allowance to be—
(a)
payable only if prescribed requirements as to the provision of
information are complied with;
(b)
payable at a prescribed rate;
(c)
payable for only part of a week.
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(9)
If—
(a)
a jobseeker’s allowance was not payable, or was payable at a
reduced rate, as a result of the application of this section in a
case where a person was convicted of an offence involving
violence or harassment, and
35
(b)
the person’s conviction is subsequently quashed,

all such payments and other adjustments are to be made as would be
necessary if the person had never been convicted of the offence.
20D
Section 20C: supplementary
(1)
For the purposes of section 20C in its application in relation to England
40
and Wales each of the following is an offence involving violence or
harassment—
(a)
common assault or battery;
(b)
an offence under section 16, 18, 20 or 47 of the Offences against
the Person Act 1861;
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(c)
an offence under section 3, 4, 4A or 5 of the Public Order Act
1986;

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(d)
an offence under section 2 or 4 of the Protection from
Harassment Act 1997;
(e)
an offence under section 29, 31 or 32 of the Crime and Disorder
Act 1998;
(f)
an ancillary offence in relation to an offence within any of
5
paragraphs (a) to (e).
(2)
In subsection (1)(f) “ancillary offence”, in relation to an offence, means
any of the following—
(a)
aiding, abetting, counselling or procuring the commission of
the offence;
10
(b)
an offence under Part 2 of the Serious Crime Act 2007
(encouraging or assisting crime) in relation to the offence;
(c)
attempting or conspiring to commit the offence.
(3)
For the purposes of section 20C in its application in relation to Scotland
each of the following is an offence involving violence or harassment—
15
(a)
assault;
(b)
a breach of the peace;
(c)
an offence under section 50A of the Criminal Law
(Consolidation) Scotland Act 1995;
(d)
an ancillary offence in relation to an offence within any of
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paragraphs (a) to (c).
(4)
In subsection (3)(d) “ancillary offence”, in relation to an offence, means
any of the following—
(a)
being art and part in the commission of the offence or
counselling or procuring its commission;
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(b)
inciting a person to commit the offence;
(c)
attempting or conspiring to commit the offence.
(5)
For the purposes of section 20C references to a conviction include
references to a conviction in relation to which the court makes an order
for conditional discharge or a court in Scotland makes a probation
30
order.
(6)
For the purposes of section 20C “cautioned” means—
(a)
cautioned after the person concerned has admitted the offence,
or
(b)
reprimanded or warned within the meaning given by section 65
35
of the Crime and Disorder Act 1998.
(7)
Regulations may make provision for or in connection with requiring
such persons as may be prescribed to notify the Secretary of State about
prescribed matters for the purposes of section 20C.
(8)
Regulations may amend subsections (1) to (4) by adding or removing
40
an offence.”
(3)
In section 37(1)(c) (regulations subject to the affirmative resolution procedure),
after “7,” insert “20D(8),”.
(4)
In paragraph 3(d) of Schedule 3 to the Social Security Act 1998 (c. 14) (decisions
against which an appeal lies: payability of benefit), before “of the Jobseekers
45
Act” insert “or 20C”.