The Social Security (Loss of Benefit) Regulations 2001

Disqualification period

2.—(1) Subject to paragraph (2), the first day of the disqualification period for the purpose of section 7(6) of the Act shall be—

(a)where, on the determination day—

(i)the offender is in receipt of a sanctionable benefit;

(ii)the offender is a member of a joint-claim couple which is in receipt of a joint-claim jobseeker’s allowance; or

(iii)the offender’s family member is in receipt of income support, jobseeker’s allowance, housing benefit or council tax benefit,

the day which is 28 days after the determination day;

(b)where sub-paragraph (a) does not apply, the day which is 28 days after the first day after the determination day on which the Secretary of State decides to award—

(i)a sanctionable benefit to the offender;

(ii)a joint-claim jobseeker’s allowance to a joint-claim couple of which the offender is a member; or

(iii)income support, jobseeker’s allowance, housing benefit or council tax benefit to an offender’s family member.

(2) For the purposes of sub-paragraph (1), the first day of the disqualification period shall be no later than 3 years and 28 days after the date of the conviction of the offender for the benefit offence in the later proceedings referred to in section 7(1) of the Act and section 7(9) of the Act (date of conviction and references to conviction) shall apply for the purposes of this paragraph as it applies for the purposes of section 7 of the Act.

(3) In this regulation, “the determination day” means the day on which the Secretary of State determines that a restriction under—

(a)section 7 of the Act would be applicable to the offender were he in receipt of a sanctionable benefit;

(b)section 8 of the Act would be applicable to the offender were he 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, housing benefit or council tax benefit.