Section 105 Failure to maintain—general

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

s. 105(1) words repealed by Criminal Justice Act 2003 Sch. 37 Pt. 9
s. 105(1)(b) words repealed by Welfare Reform Act 2009 Sch. 7 Pt. 1
s. 105(1)(b) words repealed by Welfare Reform Act 2012 Sch. 14 Pt. 1
s. 105(3)(b) and word repealed by Welfare Reform Act 2012 Sch. 14 Pt. 1
s. 105(4) repealed by Welfare Reform Act 2012 Sch. 14 Pt. 1

(1)

If—

(a)

any person persistently refuses or neglects to maintain himself or any person whom he is liable to maintain; and

(b)

in consequence of his refusal or neglect F1universal credit, income support F2, an income-based jobseeker's allowance or an income-related employment and support allowance is paid to or in respect of him or such a person,

he shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine of an amount not exceeding level 4 on the standard scale or to both.

(2)

For the purposes of subsection (1) above a person shall not be taken to refuse or neglect to maintain himself or any other person by reason only of anything done or omitted in furtherance of a trade dispute.

F3(3)

Subject to subsection (4), for the purposes of this Part, a person shall be liable to maintain another person if that other person is—

(a)

his or her spouse or civil partner, or

(b)

a person whom he or she would be liable to maintain if sections 78(6)(c) and (9) had effect for the purposes of this Part.

F4(4)

For the purposes of this section, in its application to an income-based jobseeker's allowance F5or an income-related employment and support allowance, F6subsection (3)(b) shall not apply.

Annotations

Textual amendments

F1: Words in s. 105(1)(b) inserted (29.4.2013) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 2 para. 10; S.I. 2013/983, art. 3(1)(b)(ii)
F2: Words in s. 105(1)(b) substituted (27.10.2008) by Welfare Reform Act 2007 (c. 5), s. 70(2), Sch. 3 para. 10(10)(a); S.I. 2008/787, art. 2(4)(f)
F3: S. 105(3) substituted (14.7.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), ss. 45(1), 62(3); S.I. 2008/1476, art. 2(2)(b)
F4: S.105(4) inserted (11.6.1996) by Jobseekers Act 1995 (c. 18), s. 41(2), Sch. 2 para. 53(4); S.I. 1996/1509, art. 2, Sch.
F5: Words in s. 105(4) inserted (27.10.2008) by Welfare Reform Act 2007 (c. 5), s. 70(2), Sch. 3 para. 10(10)(b); S.I. 2008/787, art. 2(4)(f)
F6: Words in s. 105(4) substituted (14.7.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), ss. 45(2), 62(3); S.I. 2008/1476, art. 2(2)(b)

Notes on Part V

Modifications

C1: Pt. V restricted (22.8.1996) by Employment Tribunals Act 1996 (c. 17), ss. 17(1)(a), 46