Schedules

Schedule 4Loss of benefit provisions: further amendments

Part 1Further amendments of Social Security Fraud Act 2001

I1I22

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—

post-commencement offence” means an offence committed on or after 1 April 2002 (the day on which this section came into force).

b

omit the definitions of “disqualifying benefit” and “sanctionable benefit”.

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—

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 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.

4

Omit subsection (11).

5

In the heading, for “commission of benefit offences” substitute “ second or subsequent conviction of benefit offence ”.