Office of Public Sector Information
(1B) A person is guilty of an offence under this section if—
(a) there has been a change of circumstances affecting any entitlement of another person to any benefit or other payment or advantage under any provision of the relevant social security legislation;
(b) the change is not a change that is excluded by regulations from the changes that are required to be notified;
(c) he knows that the change affects an entitlement of that other person to such a benefit or other payment or advantage; and
(d) he causes or allows that other person to fail to give a prompt notification of that change in the prescribed manner to the prescribed person.
(1C) In a case where subsection (1C) of section 111A above applies, the recipient is guilty of an offence if—
(a) he knows that the change affects an entitlement of the claimant to a benefit or other payment or advantage under a provision of the relevant social security legislation;
(b) the entitlement is one in respect of which he has a right to receive payments to which the claimant has, or (but for the arrangements under which they are payable to the recipient) would have, an entitlement; and
(c) he fails to give a prompt notification of that change in the prescribed manner to the prescribed person.
(1D) In a case where that subsection applies, a person other than the recipient is guilty of an offence if—
(a) he knows that the change affects an entitlement of the claimant to a benefit or other payment or advantage under a provision of the relevant social security legislation;
(b) the entitlement is one in respect of which the recipient has a right to receive payments to which the claimant has, or (but for the arrangements under which they are payable to the recipient) would have, an entitlement; and
(c) he causes or allows the recipient to fail to give a prompt notification of that change in the prescribed manner to the prescribed person.
(1E) Subsection (1F) of section 111A above applies in relation to subsections (1C) and (1D) above as it applies in relation to subsections (1D) and (1E) of that section.
(1F) For the purposes of subsections (1A) to (1D) above a notification of a change is prompt if, and only if, it is given as soon as reasonably practicable after the change occurs.”
In section 116(7) of the Administration Act (legal proceedings), after paragraph (a) there shall be inserted—
“(aa) this subsection shall not be taken to impose any restriction on the time when proceedings may be commenced for an offence under section 111A above;”.
In this Act “the Administration Act” means the Social Security Administration Act 1992 (c. 5).
The enactments mentioned in the Schedule to this Bill (which include some spent provisions) are hereby repealed to the extent specified in the second column of that Schedule.
(1) The preceding provisions of this Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint.
(2) Subject to subsection (3), different days may be appointed under this section for different purposes.
(3) The power under this section to appoint a day for the coming into force of the provisions of sections 1 and 2 shall not authorise the appointment for those purposes of any day before the issue of the code of practice that must be issued under section 3.
(1) This Act may be cited as the Social Security Fraud Act 2001.
(2) Sections 5(2), 7, 10, 11, 12(3), 13 and 20, and this section, extend to Northern Ireland; and the other provisions of this Act do not so extend.
Section 19
| Short title and chapter | Extent of repeal |
|---|---|
| The Social Security Administration Act 1992 (c. 5). | In section 110A(8), the word “and” at the end of paragraph (a). In section 111A(1), paragraphs (c) and (d). |
| The Social Security Administration (Fraud) Act 1997 (c. 47). | Section 14. |
| The Social Security Act 1998 (c. 14). | In paragraph 3 of Schedule 3, the word “or” at the end of sub-paragraph (d). |
Amended by correction slip on 01 September 2001
Social Security Fraud Act 2001