Explanatory note

These Regulations are made in consequence of sections 7 to 13 of the Social Security Fraud Act 2001 (c.11) (“the Act”) which relate to restrictions in payment of certain benefits where a person has been convicted of one or more benefit offences in each of two separate proceedings and one offence is committed within three years of the conviction for another such offence (“the loss of benefit provisions”).

The Regulations are made before the end of the period of six months beginning with the coming into force of the relevant provisions of the Act and are therefore exempt from the requirement in section 172(1) of the Social Security Administration Act 1992 (c.5) to refer proposals to make these Regulations to the Social Security Advisory Committee and are made without reference to that Committee.

Regulation 2 amends the income-related benefit regulations so as to ensure that entitlement to the severe disability premium is not affected through the application of the loss of benefit provisions.

Regulation 3 amends the Social Security (Credits) Regulations 1975 (S.I. 1975/556) to ensure that those whose invalid care allowance or jobseeker’s allowance is restricted through the application of the loss of benefit provisions do not lose credits.

Regulation 4 amends the Income Support (General) Regulations 1987 (S.I. 1987/1967) to ensure that those whose invalid care allowance is restricted through the application of the loss of benefit provisions are still treated as carers for the purposes of those Regulations.

Regulation 5 amends the Housing Benefit (General) Regulations 1987 (S.I. 1987/1971) and the Council Tax Benefit (General) Regulations 1992 (S.I. 1992/1814), to ensure that those whose jobseeker’s allowance is restricted through the application of the loss of benefit provisions, do not lose their housing benefit or council tax benefit as a result.

Regulation 6 makes a consequential amendment to the Social Security (Back to Work Bonus) (No. 2) Regulations 1996 (S.I. 1996/2570).

Regulation 7 amends the Jobseeker’s Allowance Regulations 1996 (S.I. 1996/207) to ensure that days where contribution-based jobseeker’s allowance is not payable because of the loss of benefit provisions are treated as days of entitlement to that allowance.

Regulations 8 and 9 amend the Social Security and Child Support (Decisions and Appeals) Regulations 1999 (S.I. 1999/991) and the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001 (S.I. 2001/1002) respectively to ensure that the decision-making and appeals mechanisms apply to decisions to restrict payment of benefit as a result of the loss of benefit provisions.

Regulation 10 amends the Discretionary Financial Assistance Regulations 2001 (S.I. 2001/1167) to provide that discretionary housing payments shall not be made where the requirement for financial assistance arises as a consequence of the application of the loss of benefit provisions.

Regulation 11 amends the Social Security (Breach of Community Order) Regulations 2001 (S.I. 2001/1395) so as to provide that a reduction in income support imposed for breach of a community order under section 62 of the Child Support, Pensions and Social Security Act 2000 (c.19) shall not take effect where a reduction of income support under the loss of benefit provisions is in operation.

These Regulations do not impose a charge on business.