The Social Security (Loss of Benefit) Regulations 2001

Citation, commencement and interpretationE+W+S

1.—(1) These Regulations may be cited as the Social Security (Loss of Benefit) Regulations 2001 and shall come into force on 1st April 2002.

(2) In these Regulations, unless the context otherwise requires—

• “the Act" means the Social Security Fraud Act 2001;

• “the Benefits Act" means the Social Security Contributions and Benefits Act 1992 M1;

• [F1“the Council Tax Benefit Regulations” means the Council Tax Benefit Regulations 2006];

• [F2 “the Council Tax Benefit (State Pension Credit) Regulations” means the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006;]

• [F3“the determination day” means (subject to paragraph (2A)) the day on which the Secretary of State determines that a restriction under—

  (a)

  section 6B or 7 of the Act would be applicable to the offender were the offender in receipt of a sanctionable benefit;

  (b)

  section 8 of the Act would be applicable to the offender were the offender a member of a joint-claim couple which is in receipt of a joint-claim jobseeker’s allowance; or

  (c)

  section 9 of the Act would be applicable to the offender’s family member were that member in receipt of income support, jobseeker’s allowance, state pension credit, employment and support allowance, housing benefit or council tax benefit;]

• [F4“the Housing Benefit Regulations” means the Housing Benefit Regulations 2006];

• [F5 “the Housing Benefit (State Pension Credit) Regulations” means the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006;]

• “the Income Support Regulations" means the Income Support (General) Regulations 1987M2;

• “the Jobseekers Act" means the Jobseekers Act 1995 M3;

• “the Jobseeker’s Allowance Regulations" means the Jobseeker’s Allowance Regulations 1996 M4;

• “claimant" in a regulation means the person claiming the sanctionable benefit referred to in that regulation;

• “disqualification period" means the period in respect of which the restrictions on payment of a relevant benefit apply in respect of an offender in accordance with section [F66B(11) or] 7(6) of the Act and shall be interpreted in accordance with [F7regulations 1A and 2]; and

• “offender" means the person who is subject to the restriction in the payment of his benefit in accordance with section [F86B or] 7 of the Act.

• [F3“pay day” in relation to a sanctionable benefit means the day on which that benefit is due to be paid;

• “relevant authority” in relation to housing benefit or council tax benefit means the relevant authority administering the benefit of the offender or the offender’s family member.]

[F9(2A) Where, for the purposes of section 6B of the Act, the disqualifying event is an agreement to pay a penalty as referred to in section 6B(1)(b) of the Act, the determination day is the 28th day after the day referred to in the definition of that term in paragraph (2).]

(3) Expressions used in these Regulations which are defined either for the purposes of the Jobseekers Act or for the purposes of the Jobseeker’s Allowance Regulations shall, except where the context otherwise requires, have the same meaning as for the purposes of that Act or, as the case may be, those Regulations.

(4) In these Regulations, unless the context otherwise requires, a reference—

(a)to a numbered regulation is to the regulation in these Regulations bearing that number;

(b)in a regulation to a numbered paragraph is to the paragraph in that regulation bearing that number.