Hyperlawhypertext legal database Social Security Administration (Fraud) Act 1997 current to 2019-02-13

UKPGA-1997-47 Social Security Administration (Fraud) Act 1997 UK

Current to 2019-02-13

Contents
preamble

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Supply and use of information

s. 1 — Information held by tax authorities.
s. 1(1)

For section 122 of the Social Security Administration Act 1992 (disclosure of income tax information by the Inland Revenue) and the headings preceding that section substitute—

s. 1(2)

For section 116 of the Social Security Administration (Northern Ireland) Act 1992 (disclosure of income tax information by the Inland Revenue) and the headings preceding that section substitute—

s. 2 — Other government information.
s. 2(1)

After section 122A of the Social Security Administration Act 1992 (inserted by section 1(1)) insert—

s. 2(2)

After section 116A of the Social Security Administration (Northern Ireland) Act 1992 (inserted by section 1(2)) insert—

s. 3 — Authorities administering housing benefit or council tax benefit.

After section 122B of the Social Security Administration Act 1992 (inserted by section 2(1)) insert—

s. 4 — Unauthorised disclosure by officials.
s. 4(1)

In Schedule 4 to the Social Security Administration Act 1992 (persons who may commit an offence under section 123 of that Act), after the entries headed “Other public departments and offices” insert—

s. 4(2)

In section 123 of that Act (offence of unauthorised disclosure by certain persons of information relating to particular persons), in subsection (8) (persons employed in audit of expenditure)—

s. 4(2)(a)

after paragraph (h) insert—,

s. 4(2)(b)

after paragraph (j) insert—, and

s. 4(2)(c)

in paragraph (k), for “referred to in paragraphs (c) to (h) above” substitute “ or Commissions referred to in paragraphs (c) to (hc), (ja) and (jb) above and any person assisting an auditor referred to in paragraph (ja), (jb) or (jc) above ”.

Administration of housing benefit and council tax benefit

s. 5 — Overseeing of administration by Secretary of State.

After section 139 of the Social Security Administration Act 1992 insert—

s. 6 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
s. 7 — Role of Accounts Commission for Scotland.
s. 7(1)

Part VII (Finance) of the Local Government (Scotland) Act 1973 is amended as follows.

s. 7(2)

In section 97 (Accounts Commission for Scotland), after subsection (4D) insert—

s. 7(3)

After section 101 (right to inspect and object to accounts) insert—

s. 7(4)

After section 105 (regulations as to accounts) insert—

s. 8 — Directions by Secretary of State.

After section 139C of the Social Security Administration Act 1992 (inserted by section 5) insert—

s. 9 — Enforcement of directions.

After section 139D of the Social Security Administration Act 1992 (inserted by section 8) insert—

s. 10 — Adjustment of subsidy.

In section 140B of the Social Security Administration Act 1992 (calculation of amount of subsidy in respect of housing benefit and council tax benefit), for subsections (4) and (5) substitute—

Investigations relating to housing benefit and council tax benefit

s. 11 — Information from landlords and agents.

After section 126 of the Social Security Administration Act 1992 insert—

s. 12 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Offences, penalties and overpayments

s. 13 — Offence of dishonest representation for obtaining benefit.

After section 111 of the Social Security Administration Act 1992 insert—

s. 14 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
s. 15 — Penalty as alternative to prosecution.

After section 115 of the Social Security Administration Act 1992 insert—

s. 16 — Recovery of overpaid housing benefit.

In section 75 of the Social Security Administration Act 1992 (recovery of overpayments of housing benefit), after subsection (4) insert—

Reviews and medical examinations

s. 17 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
s. 18 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

National insurance numbers

s. 19 — Requirement to state national insurance number.

In section 1 of the Social Security Administration Act 1992 (entitlement to benefit dependent on claim), after subsection (1) insert—

Redirection of post

s. 20 — Return of social security post.
s. 20(1)

After section 182 of the Social Security Administration Act 1992 insert—

s. 20(2)

After section 158 of the Social Security Administration (Northern Ireland) Act 1992 insert—

s. 21 — Information about redirection of post.
s. 21(1)

After section 182A of the Social Security Administration Act 1992 (inserted by section 20(1)) insert—

s. 21(2)

After section 158A of the Social Security Administration (Northern Ireland) Act 1992 (inserted by section 20(2)) insert—

Supplementary

s. 22 — Minor and consequential amendments and repeals.

Schedule 1 (minor and consequential amendments) and Schedule 2 (repeals) have effect.

s. 23 — Northern Ireland.
s. 23(1)

Sections 1(1), 2(1), 3 to 19, 20(1) and 21(1) do not extend to Northern Ireland.

s. 23(2)

Sections 1(2), 2(2), 20(2) and 21(2) and subsections (4) and (5) of this section extend only to Northern Ireland.

s. 23(3)

Section 22 and the Schedules have the same extent as the enactments which they amend or repeal.

s. 23(4)

An Order in Council under paragraph 1(1)(b) of Schedule 1 to the Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which contains a statement that it is made only for relevant purposes—

s. 23(4)(a)

shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament), but

s. 23(4)(b)

shall be subject to annulment in pursuance of a resolution of either House of Parliament.

s. 23(5)

In subsection (4) “relevant purposes” means purposes corresponding to those of any of sections 3 to 9 and 11 to 19 or of so much of section 22 and the Schedules as does not extend to Northern Ireland.

s. 24 — Financial provision.
s. 24(1)

There shall be paid out of money provided by Parliament—

s. 24(1)(a)

any expenditure of a Minister of the Crown or government department incurred in consequence of this Act, and

s. 24(1)(b)

any increase attributable to this Act in the sums payable out of money provided by Parliament under any other Act.

s. 24(2)

Any sum received by the Secretary of State by virtue of this Act shall be paid into the Consolidated Fund.

s. 25 — Commencement.
s. 25(1)

Sections 1 to 22 and the Schedules shall not come into force until such day as the Secretary of State may by order made by statutory instrument appoint.

s. 25(2)

Different days may be appointed for different purposes.

s. 25(3)

An order under this section may include such transitional provisions, consequential provisions or savings as the Secretary of State considers appropriate for the purposes of, or in connection with, the provisions to which it applies.

s. 25(4)

An order under this section may provide that a provision of this Act is to come into force only in relation to an area specified in the order.

s. 25(5)

Nothing in section 13 or 14 applies in relation to any act or omission occurring before the section comes into force.

s. 25(6)

An order which provides that section 15 is to come into force only in relation to a specified area may also provide that (unless continued in force by a subsequent order) that section is to remain in force there only for a period specified in the order; and an order which so provides may include such transitional provisions, consequential provisions or savings as the Secretary of State considers appropriate in relation to that section’s ceasing to be in force in relation to that area at the end of that period.

s. 25(7)

Section 15 does not apply in relation to an act or omission occurring in an area at a time when that section is not in force in relation to that area.

s. 26 — Short title.

This Act may be cited as the Social Security Administration (Fraud) Act 1997.

Sch 1

Minor and consequential amendments

The Local Government Finance Act 1982 (c.32)

Sch 1 para 1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Social Security Administration Act 1992 (c.5)

Sch 1 para 2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 1 para 3

In section 75(1) of that Act (recovery of overpayments of housing benefit), after “housing benefit” insert“ determined in accordance with regulations to have been ”.

Sch 1 para 4
Sch 1 para 4(1)

Section 112 of that Act (offence of making false representation etc. for obtaining benefit or for other purpose connected with social security legislation) is amended as follows.

Sch 1 para 4(2)

In subsection (1), for the words “legislation to which section 110 above applies” substitute “ social security legislation ”.

Sch 1 para 4(3)

In subsection (2), for “subsection (1) above” substitute “ this section ”.

Sch 1 para 4(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 1 para 5

In section 116 of that Act (legal proceedings), after subsection (2) insert—

Sch 1 para 6

In section 123(2)(b) and (9)(d) of that Act (offence of unauthorised disclosure: Northern Ireland), for “Schedule 3” substitute “ Schedule 4 ”.

Sch 1 para 7
Sch 1 para 7(1)

Section 140B of that Act (calculation of amount of subsidy in respect of housing benefit and council tax benefit) is amended as follows.

Sch 1 para 7(2)

In subsection (1), for “calculated in the manner specified by” substitute“ determined in accordance with an ”.

Sch 1 para 7(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 1 para 7(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 1 para 8

In section 164 of that Act (destination of repayments etc.), after subsection (7) insert—

Sch 1 para 9

After section 182B of that Act (inserted by section 21(1)) insert—

Sch 1 para 10

In section 189(7) of that Act (power for orders and regulations about housing benefit and council tax benefit to make different provision for different areas), after “different areas” insert “ or different authorities ”.

Sch 1 para 11

In section 190(1)(b) of that Act (regulations required to be approved by resolution of each House of Parliament), before “154” insert “ 122B(1)(b) or ”.

Sch 1 para 12
Sch 1 para 12(1)

Section 191 of that Act (interpretation) is amended as follows.

Sch 1 para 12(2)

After the definition of “the Consequential Provisions Act” insert—.

Sch 1 para 12(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Social Security Administration (Northern Ireland) Act 1992 (c.8)

Sch 1 para 13

In section 166(2)(a) of the Social Security Administration (Northern Ireland) Act 1992 (regulations required to be approved by resolution of the Assembly), before “131” insert “ 116B(1)(b), ”.

Sch 1 para 14
Sch 1 para 14(1)

Section 167(1) of that Act (interpretation) is amended as follows.

Sch 1 para 14(2)

After the definition of “the Consolidated Fund” insert—.

Sch 1 para 14(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 2

Repeals