Commentary on Sections Part 5: Social security: General Section 111: Time limits for legal proceedings
568.Section 111 amends section 116(2) of the SSAA 1992 (legal proceedings). Section 116(2) permits the Secretary of State to issue a certificate allowing proceedings for a summary only offence to be commenced later than 12 months from the date an offence was committed if it is within the period of 3 months from the date on which evidence comes to the Secretary of State’s knowledge, and this evidence is, in his opinion, adequate to justify a prosecution for the offence.
569.The Secretary of State will now be able to issue a certificate to extend the period when proceedings may be commenced where: a claimant is to be prosecuted for a housing benefit or council tax offence; that benefit is administered by a local authority; and although the 12 month period after the offence was committed has expired, the date is within 3 months of the date on which evidence came to the Secretary of State’s knowledge that is, in his opinion, adequate to justify a prosecution.