Explanatory note

Section 116ZA of the Social Security Administration Act 1992 (c.5) (“the 1992 Act”), which is inserted by section 112(1) and (2) of the Welfare Reform Act 2012 (c.5), limits the powers of local authorities to prosecute housing benefit and council tax benefit fraud. Section 116ZA(8) provides that regulations shall define an “investigation in respect of a benefit offence” for the purposes of section 116ZA. Section 116ZA(9) provides that section 116ZA does not apply to Scotland.

Regulation 2 defines “an investigation in respect of a benefit offence” for the purposes of section 116ZA “The relevant social security legislation” is defined in section 121DA(1) and “benefit offence” is defined in section 121DA(5) of the 1992 Act.

An impact assessment has not been produced for this instrument as it has no impact on business or civil society organisations.