Commentary on Sections Part 5: Social security: General Section 118: Benefit offences: period of sanction
600.Section 118 amends the SSFA 2001. It changes the benefit payment disqualification period for the purposes of section 6B (loss of benefit in case of conviction, penalty or caution for benefit offence) of the SSFA 2001.
601.Subsection (3) amends the definition of “the disqualifying period” in section 6B(11) changing the length of the disqualifying period from “the period of four weeks” to “the relevant period”. Subsection (4) inserts a new subsection (11A) into section 6B to define what the relevant period is.
602.New subsection (11A)(a) introduces a new 3 year loss of benefit sanction where the benefit offence is a relevant offence, defined at new subsection (14). Relevant offences will include serious organised fraud and serious identity fraud relating to social security.
603.New subsection (11A)(b) introduces a 13 week loss of benefit sanction for claimants who are convicted of a first benefit offence (presently a 4 week loss of benefit sanction).
604.New subsection 11A(c) retains the existing 4 week loss of benefit sanction for claimants who accept the offer of an alternative penalty rather than prosecution or are cautioned.
605.Subsection (5) inserts new subsection (14) into section 6B to provide a definition of ‘relevant offence’ which determines whether an offence falls into this category.
606.Subsection (6) gives the Secretary of State the power to amend, by order, the periods and amounts that are in new subsections 11A(a) to (c) and new subsections 14(b)(i) to (iii).
607.Subsection (7) inserts a new subsection (1A) into section 7 of the SSFA 2001 to ensure that convictions for relevant offences will always be dealt with under section 6B of that Act (attracting the 3 year loss of benefit sanction). This includes second and subsequent convictions which would otherwise be dealt with under section 7 of the SSFA 2001.