The Social Security (Loss of Benefit) Amendment Regulations 2010
These Regulations make amendments to the Social Security (Loss of Benefit) Regulations 2001 (“the Loss of Benefit Regulations”) which are necessary as a result of the commencement of section 24 of the Welfare Reform Act 2009. That section amends the Social Security Fraud Act 2001 (“the 2001 Act”) to provide for a new sanction for benefit offences under which there will be restrictions in payment of “sanctionable benefits” (which are most benefits except those relating solely to old age, disability and children). These restrictions will apply when a person has been convicted of one or more benefit offences in any proceedings, has agreed to pay an administrative penalty or has been cautioned for a benefit offence. The sanction may result in the total loss of benefit for four weeks or a reduction in benefit for four weeks. The new sanction will not apply where the offender has been convicted of one or more benefit offences in a set of proceedings where the offence was committed within the period of five years after the date on which the offender was convicted of one or more benefit offences in an earlier set of proceedings. The existing benefit sanction in section 7 of the 2001 Act will apply instead.