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Welfare Reform Bill


Welfare Reform Bill
Schedule 4 — Loss of benefit provisions: further amendments
Part 1 — Further amendments of Social Security Fraud Act 2001

85

 

Schedule 4

Section 19

 

Loss of benefit provisions: further amendments

Part 1

Further amendments of Social Security Fraud Act 2001

1          

In this Part of this Schedule “the 2001 Act” means the Social Security Fraud

5

Act 2001 (c. 11).

2     (1)  

Section 7 of the 2001 Act (loss of benefit for commission of benefit offences)

is amended as follows.

      (2)  

In subsection (8)—

(a)   

after the definition of “benefit offence” insert—

10

“ “post-commencement offence” means an offence

committed on or after 1 April 2002 (the day on which

this section came into force).”, and

(b)   

omit the definitions of “disqualifying benefit” and “sanctionable

benefit”.

15

      (3)  

In subsection (9)—

(a)   

in paragraph (a), after “sentenced)” insert “or in the case mentioned

in paragraph (b)(ii) the date of the order for absolute discharge”, and

(b)   

for paragraph (b) substitute—

“(b)   

references to a conviction include references to—

20

(i)   

a conviction in relation to which the court

makes an order for absolute or conditional

discharge or a court in Scotland makes a

probation order,

(ii)   

an order for absolute discharge made by a

25

court of summary jurisdiction in Scotland

under section 246(3) of the Criminal

Procedure (Scotland) Act 1995 without

proceeding to a conviction, and

(iii)   

a conviction in Northern Ireland.”.

30

      (4)  

Omit subsection (11).

      (5)  

In the heading, for “commission of benefit offences” substitute “second or

subsequent conviction of benefit offence”.

3     (1)  

Section 8 of the 2001 Act (effect of offence on joint-claim jobseeker’s

allowance) is amended as follows.

35

      (2)  

In subsection (1)(b), for “the restriction in subsection (2) of section 7”

substitute “an offence-related restriction”.

      (3)  

After subsection (1) insert—

“(1A)   

In this section—

(a)   

“an offence-related restriction” means the restriction in

40

subsection (5) of section 6B or the restriction in subsection (2)

of section 7, and

 
 

Welfare Reform Bill
Schedule 4 — Loss of benefit provisions: further amendments
Part 1 — Further amendments of Social Security Fraud Act 2001

86

 

(b)   

in relation to an offence-related restriction, any reference to

the relevant period is a reference to a period which is the

disqualification period for the purposes of section 6B or

section 7, as the case requires.”

      (4)  

In subsection (2)—

5

(a)   

for “the disqualification period” substitute “the relevant period”,

(b)   

in paragraph (a), for “the restriction in subsection (2) of section 7”

substitute “an offence-related restriction”, and

(c)   

in paragraph (b), for “that restriction” substitute “an offence-related

restriction”.

10

      (5)  

In subsection (3)—

(a)   

for “the disqualification period” substitute “the relevant period”, and

(b)   

in paragraph (b), for “convictions section 7” substitute “conduct

section 6B or 7”.

      (6)  

In subsection (4), for “the disqualification period” substitute “the relevant

15

period”.

      (7)  

After subsection (6) insert—

“(7)   

Where, after the agreement of any member of a couple (“M”) to pay

a penalty under the appropriate penalty provision is taken into

account for the purposes of any restriction imposed by virtue of any

20

regulations under this section—

(a)   

M’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

25

(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 this section

that could not have been imposed had M not agreed to pay the

30

penalty.

(8)   

Where, after the agreement (“the old agreement”) of any member of

a couple (“M”) to pay a penalty under the appropriate penalty

provision is taken into account for the purposes of any restriction

imposed by virtue of any regulations under this section, the amount

35

of the overpayment to which the penalty relates is revised on an

appeal or in accordance with regulations under the Social Security

Act 1998 or the Social Security (Northern Ireland) Order 1998—

(a)   

if there is a new disqualifying event for the purposes of

section 6B consisting of M’s agreement to pay a penalty

40

under the appropriate penalty provision in relation to the

revised overpayment or M being cautioned in relation to the

offence to which the old agreement relates, the new

disqualification period for the purposes of section 6B falls to

be determined in accordance with section 6C(4)(a), and

45

(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 this section that could not have

been imposed had M not agreed to pay the penalty.

 
 

Welfare Reform Bill
Schedule 4 — Loss of benefit provisions: further amendments
Part 1 — Further amendments of Social Security Fraud Act 2001

87

 

(9)   

In this section “the appropriate penalty provision” has the meaning

given by section 6B(2)(a).”

4     (1)  

Section 9 of the 2001 Act (effect of offence on benefits for members of

offender’s family) is amended as follows.

      (2)  

In subsection (2)(b), for “section 7” substitute “section 6B or 7”.

5

      (3)  

After subsection (6) insert—

“(7)   

Where, after the agreement of any member of a person’s family

(“M”) to pay a penalty under the appropriate penalty provision is

taken into account for the purposes of any restriction imposed by

virtue of any regulations under this section—

10

(a)   

M’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

(Northern Ireland) Order 1998 that the overpayment to

15

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 that could not have

been imposed had M not agreed to pay the penalty.

(8)   

Where, after the agreement (“the old agreement”) of any member of

20

a person’s family (“M”) to pay a penalty under the appropriate

penalty provision is taken into account for the purposes of any

restriction imposed by virtue of any regulations under this section,

the amount of the overpayment to which the penalty relates is

revised on an appeal or in accordance with regulations under the

25

Social Security Act 1998 or the Social Security (Northern Ireland)

Order 1998—

(a)   

if there is a new disqualifying event for the purposes of

section 6B consisting of M’s agreement to pay a penalty

under the appropriate penalty provision in relation to the

30

revised overpayment or M being cautioned in relation to the

offence to which the old agreement relates, the new

disqualification period for the purposes of section 6B falls to

be determined in accordance with section 6C(4)(a), and

(b)   

in any other case, all such payments and other adjustments

35

shall be made as would be necessary if no restriction had

been imposed by or under this section that could not have

been imposed had M not agreed to pay the penalty.

(9)   

In this section “the appropriate penalty provision” has the meaning

given by section 6B(2)(a).”

40

5     (1)  

Section 10 of the 2001 Act (power to supplement and mitigate loss of benefit

provisions) is amended as follows.

      (2)  

In subsection (1), for “sections 7 to 9” substitute “sections 6A to 9”.

      (3)  

In subsection (2), after “section” insert “6B,”.

6     (1)  

Section 11 of the 2001 Act (loss of benefit regulations) is amended as follows.

45

      (2)  

In subsections (1) and (2), for “sections 7 to 10” substitute “sections 6B to 10”.

 
 

Welfare Reform Bill
Schedule 5 — Section 40: consequential amendments etc.

88

 

      (3)  

In subsection (3)—

(a)   

in paragraph (a), after “section” insert “6B or”,

(b)   

in paragraph (b), after “section” insert “6B(6),”, and

(c)   

in paragraph (c), after “section” insert “6B(7), (8), (9) or (10),”.

      (4)  

In subsections (4) and (5), for “sections 7 to 10” substitute “sections 6B to 10”.

5

7     (1)  

Section 13 of the 2001 Act (interpretation of sections 7 to 12) is amended as

follows.

      (2)  

For the words “sections 7 to 12”, both in the section and in the heading to the

section, substitute “sections 6A to 12”.

      (3)  

After the definition of “benefit” insert—

10

“ “cautioned”, in relation to any person and any offence, means

cautioned after the person concerned has admitted the

offence; and “caution” is to be interpreted accordingly;”.

      (4)  

Omit the definitions of “disqualification period” and “post-commencement

offence”.

15

      (5)  

In the definition of “sanctionable benefit”, for “section 7(8)” substitute

“section 6A(1)”.

8          

In section 21(2) of the of the 2001 Act (extent), after “sections 5(2),” insert

“6A, 6B and 6C”.

Part 2

20

Related amendments of other Acts

Social Security Administration Act 1992 (c. 5)

9          

In section 170 of the Social Security Administration Act 1992 (functions of

Social Security Advisory Committee in relation to the relevant enactments

and the relevant Northern Ireland enactments), in subsection (5)—

25

(a)   

in the definition of the “relevant enactments”, in paragraph (ag), for

“sections 7 to 11” substitute “sections 6A to 11”, and

(b)   

in the definition of “the relevant Northern Ireland enactments”, in

paragraph (ag), for “sections 7 to 11” substitute “sections 6A to 11”.

Social Security Act 1998 (c. 14)

30

10         

In paragraph 3 of Schedule 3 to the Social Security Act 1998 (decisions

against which an appeal lies), in paragraph (f), after “section” insert “6B,”.

Schedule 5

Section 40

 

Section 40: consequential amendments etc.

Child Support Act 1991 (c. 48)

35

1          

The Child Support Act 1991 is amended as follows.

 
 

Welfare Reform Bill
Schedule 5 — Section 40: consequential amendments etc.

89

 

2          

In section 39B (disqualification for holding or obtaining travel

authorisation), in the title, after “obtaining” insert “driving licence or”.

3     (1)  

Section 39C (period for which orders under section 39B are to have effect) is

amended as follows.

      (2)  

In subsection (2)—

5

(a)   

for “an order under section 39B, the court” substitute “a

disqualification order, the Commission”, and

(b)   

for “as the court” substitute “as the Commission”.

      (3)  

In subsection (3)—

(a)   

for “such an order the court” substitute “a disqualification order, the

10

Commission”, and

(b)   

for “as the court” substitute “as the Commission”.

      (4)  

In subsection (4)—

(a)   

for “court” (in both places) substitute “Commission”, and

(b)   

in paragraph (a), for “the order under section 39B” substitute “the

15

disqualification order”.

      (5)  

In subsection (5)—

(a)   

for “application under section 39B” substitute “disqualification

order”, and

(b)   

for “an order under that section” substitute “a previous

20

disqualification order”.

      (6)  

In the title, for “orders under section 39B” substitute “disqualification

orders”.

4          

In section 39D (power to order search), for subsections (1) and (2)

substitute—

25

“(1)   

On an appeal under section 39CB the court may order the person

against whom the disqualification order was made to be searched.

(2)   

Any money found on such a search shall, unless the court otherwise

directs, be applied towards payment of any amount that would

otherwise, on the affirmation or variation of the order, be substituted

30

under section 39CB(8) for the amount specified under section 39B(5);

and the balance (if any) shall be returned to the person searched.”

5     (1)  

Section 39E (variation and revocation of orders following payment) is

amended as follows.

      (2)  

In subsection (1)—

35

(a)   

for “an order under section 39B” substitute “a disqualification order”,

(b)   

for “court” substitute “Commission”,

(c)   

omit “the Commission or”, and

(d)   

in paragraphs (a) and (b), for “the order under section 39B” substitute

“the disqualification order”.

40

      (3)  

After that subsection insert—

“(1A)   

The power conferred by subsection (1) shall be exercisable by the

court instead of by the Commission at any time when an appeal

 
 

Welfare Reform Bill
Schedule 5 — Section 40: consequential amendments etc.

90

 

brought under section 39CB against the order has not been

determined, withdrawn or discontinued.”

      (4)  

In subsection (2)—

(a)   

for “an order under section 39B” substitute “a disqualification order”,

(b)   

for “court” substitute “Commission”,

5

(c)   

omit “the Commission or”, and

(d)   

for “the order under section 39B” substitute “the disqualification

order”.

      (5)  

Omit subsections (3) to (5).

6          

For section 39F substitute—

10

“39F    

 Power to make supplementary provision

(1)   

The Secretary of State may by regulations make provision with

respect to—

(a)   

disqualification orders;

(b)   

appeals against disqualification orders; and

15

(c)   

orders under section 39DA.

(2)   

The regulations may, in particular, make provision—

(a)   

as to the form and content of a disqualification order;

(b)   

as to the surrender of documents under section 39CA and

their return when the period for which a disqualification

20

order has effect is suspended or has ended;

(c)   

that a statement in writing to the effect that wages of any

amount have been paid to a person during any period,

purporting to be signed by or on behalf of the person’s

employer, shall be evidence (or, in Scotland, sufficient

25

evidence) of the facts stated for the purposes of an appeal

under section 39CB;

(d)   

permitting or requiring the court to dismiss an appeal

brought under that section where the person who brought it

fails to appear at the hearing;

30

(e)   

requiring the court to send notice to the Commission of any

order made on an appeal under that section;

(f)   

as to the exercise by the Commission and the court of the

power conferred by section 39E(1);

(g)   

as to the revival of a disqualification order in such

35

circumstances as may be prescribed;

(h)   

for sections 39C to 39E to have effect with prescribed

modifications in cases where a person against whom a

disqualification order has effect is outside the United

Kingdom.”

40

7          

Omit section 39G (application of sections 39B and 39F to Scotland).

8          

Omit section 40B (disqualification for holding or obtaining driving licence).

9          

In section 52(2A)(b) (regulations and orders: affirmative resolution

procedure), after “under section” insert “39CA(4), 39CB(3)(b),”.

 
 

Welfare Reform Bill
Schedule 6 — Registration of births
Part 1 — Amendments of Births and Deaths Registration Act 1953

91

 

Child Maintenance and Other Payments Act 2008 (c. 6)

10         

In section 59(5) and (6) of the Child Maintenance and Other Payments Act

2008 (transition), after “39B,” insert “39CB,”.

Schedule 6

Section 44

 

Registration of births

5

Part 1

Amendments of Births and Deaths Registration Act 1953

1          

In this Schedule “the 1953 Act” means the Births and Deaths Registration Act

1953 (c. 20).

2     (1)  

Section 1 of the 1953 Act (particulars of births required to be registered) is

10

amended as follows.

      (2)  

In subsection (2), for paragraph (a) substitute—

“(a)   

the mother of the child;

(aa)   

the father of the child where—

(i)   

the child is one whose father and mother were

15

married to each other at the time of the child’s birth,

or

(ii)   

the father is a qualified informant by virtue of

subsection (2)(a) of section 10 (registration of father

where parents not married or of second female parent

20

where parents not civil partners) or by virtue of

regulations under subsection (6)(b) of section 2E

(scientific tests);”.

      (3)  

For subsection (3) substitute—

“(3)   

In subsection (2)(aa)—

25

(a)   

the first reference to the father is, in the case of a child who

has a parent by virtue of section 42 or 43 of the Human

Fertilisation and Embryology Act 2008, to be read as a

reference to the woman who is a parent by virtue of that

section,

30

(b)   

the reference in sub-paragraph (ii) to the father being a

qualified informant by virtue of section 10(2)(a) is, in the case

of a child who has a parent by virtue of section 43 of that Act,

to be read as a reference to that parent being a qualified

informant by virtue of section 10(2A)(a).”

35

      (4)  

After subsection (3) insert—

“(4)   

In this Part, references to a child whose father and mother were, or

were not, married to each other at the time of the child’s birth are to

be read in accordance with section 1 of the Family Law Reform Act

1987 (which extends the cases in which a person is treated as being a

40

person whose father and mother were married to each other at the

time of the person’s birth).”

 
 

 
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