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Amendments to the Social Security Fraud Bill

Social Security Fraud Bill -
Amendments to be debated in the House of Lords

Here you can browse the Amendments to the Social Security Fraud Bill to be moved on Report in the House of Lords.

  
Clause 1
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
 
     Page 2, line 23, at end insert--
 
    ("(  )  Any authorised officer wishing to obtain information under this section shall make an application to the person holding it through that section of the Department of Social Security responsible for the investigation of fraud.")
 
     Page 2, line 23, at end insert--
 
    ("(  )  Requests for information made to any of the persons specified in subsection (2A)(a) to (m) above shall be made to a central department in the organisation.")
 
  
BY THE EARL RUSSELL
THE LORD GOODHART
 
     Page 3, line 23, at beginning insert ("subject to subsection (6A) below,") 
     Page 3, line 23, after ("person") insert ("included in the collection and storage of financial information") 
     Page 3, line 29, at end insert--
 
    ("(6A)  No order under paragraph (a) of subsection (6) above shall be made for the purpose of obtaining information from any person to whom that information has been supplied by the person who is the subject of the inquiry for the purpose of seeking advice or professional assistance.")
 
  
Clause 3
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
 
     Page 7, line 38, at end insert--
    ("(  )  any local authority")
 
     Page 8, line 17, at end insert--
 
    ("(  )  The cost of complying with duties under this section shall be met by monies provided by Parliament.")
 
  
Clause 5
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
 
     Page 10, line 11, at end insert--
 
    ("(2)  Any directions given by the Secretary of State under this section shall include such directions which place a duty on authorities to which this section applies to adopt a code of practice as the Secretary of State shall from time to time provide.")
 
     Leave out Clause 5 
  
After Clause 5
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
 
     Insert the following new Clause-- 
     ("  .  The Secretary of State, or the relevant Minister, shall revise and review the current documentation for an application to be made for housing benefit, and following consultation with such relevant bodies as he thinks fit, issue a draft document which shall be used by each relevant administering authority.")Housing benefit documentation.
  
Clause 6
 
  
BY THE EARL RUSSELL
THE LORD GOODHART
 
     Page 10, line 42, at end insert ("provided always that no such reduction shall exceed 10 per cent.") 
     Page 10, line 49, at end insert ("provided always that no such reduction shall exceed the rate of 10 per cent.") 
     Page 11, line 39, leave out ("(subject to any regulations under section 9(1))") 
     Page 12, line 5, leave out ("and to any regulations under section 9(1)") 
     Page 12, line 22, leave out from second ("references") to ("to") in line 24 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
     Page 12, line 24, after ("discharge") insert ("or a court in Scotland makes a probation order") 
  
BY THE EARL RUSSELL
THE LORD GOODHART
 
     Leave out Clause 6 
  
Clause 7
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
 
     Leave out Clause 7 
  
Clause 8
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
 
     Leave out Clause 8 
  
After Clause 10
 
  
BY THE EARL RUSSELL
THE LORD GOODHART
 
     Insert the following new Clause-- 
     ("  .--(1)  The Secretary of State must make an annual report to Parliament on the effects of reduction or withdrawal of benefit under the process contained in section 6.
 
    (2)  Such report shall include information on--
    (a)  the means of subsistence available to those so sanctioned;
    (b)  the incidence of homelessness among those so sanctioned;
    (c)  the incidence of imprisonment among those so sanctioned; and
    (d)  the death rate among those so sanctioned.")
Annual report by Secretary of State.
  
Clause 12
 
  
BY THE EARL RUSSELL
THE LORD GOODHART
 
     Page 16, line 41, leave out (", credit or loan") and insert ("or credit") 
  
Clause 13
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
 
     Leave out Clause 13 
  
Clause 14
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
 
     Page 18, line 29, at end insert ("and, in addition, an amount which is 32 times the weekly cost of the benefit which was defrauded by each employee") 
     Page 18, line 33, after ("£5,000") insert ("and, in addition, an amount which is 32 times the weekly cost of the benefit which was defrauded by each employee") 
     Page 18, line 37, at end insert ("and, in addition, an amount which is 32 times the weekly cost of the benefit which was defrauded by each employee") 
  
Clause 15
 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
     Page 20, line 3, leave out from ("(4)") to end of line 4 and insert ("for "subsection (1)" there shall be substituted "subsections (1) to (1BC)"") 
     Page 20, line 28, at end insert--
        (1BA)  This subsection applies where--
      (a)  there has been a change of circumstances affecting any entitlement of a person (`the claimant') to any benefit or other payment or advantage under any provision of the relevant social security legislation;
      (b)  the benefit, payment or advantage is one in respect of which there is another person (`the recipient') who for the time being has a right to receive payments to which the claimant has, or (but for the arrangements under which they are payable to the recipient) would have, an entitlement; and
      (c)  the change is not a change that is excluded by regulations from the changes that are required to be notified.
        (1BB)  In a case where subsection (1BA) above applies, the recipient is guilty of any offence if--
      (a)  he knows that the change affects an entitlement of the claimant to a benefit or other payment or advantage under a provision of the relevant social security legislation;
      (b)  the entitlement is one in respect of which he has a right to receive payments to which the claimant has, or (but for the arrangements under which they are payable to the recipient) would have, an entitlement; and
      (c)  he dishonestly fails to give a prompt notification of that change in the prescribed manner to the prescribed person.
        (1BC)  In a case where that subsection applies, a person other than the recipient is guilty of an offence if--
      (a)  he knows that the change affects an entitlement of the claimant to a benefit or other payment or advantage under a provision of the relevant social security legislation;
      (b)  the entitlement is one in respect of which the recipient has a right to receive payments to which the claimant has, or (but for the arrangements under which they are payable to the recipient) would have, an entitlement; and
      (c)  he dishonestly causes or allows the recipient to fail to give a prompt notification of that change in the prescribed manner to the prescribed person.
        (1BD)  In any case where subsection (1BA) above applies but the right of the recipient is confined to a right, by reason of his being a person to whom the claimant is required to make payments in respect of a dwelling, to receive payments of housing benefit--
      (a)  a person shall not be guilty of an offence under subsection (1BB) or (1BC) above unless the change is one relating to one or both of the following--
            (i)  the claimant's occupation of that dwelling;
            (ii)  the claimant's liability to make payments in respect of that dwelling;
 
 but
 
 
      (b)  subsections (1BB)(a) and (1BC)(a) above shall each have effect as if after `knows' there were inserted `or could reasonably be expected to know'.")
 
     Page 20, line 29, leave out ("and (1B)") and insert ("to (1BC)") 
     Page 21, line 9, at end insert--
        ("(1BA)  In a case where subsection (1BA) of section 111A above applies, the recipient is guilty of any offence if--
      (a)  he knows that the change affects an entitlement of the claimant to a benefit or other payment or advantage under a provision of the relevant social security legislation;
      (b)  the entitlement is one in respect of which he has a right to receive payments to which the claimant has, or (but for the arrangements under which they are payable to the recipient) would have, an entitlement; and
      (c)  he fails to give a prompt notification of that change in the prescribed manner to the prescribed person.
        (1BB)  In a case where that subsection applies, a person other than the recipient is guilty of an offence if--
      (a)  he knows that the change affects an entitlement of the claimant to a benefit or other payment or advantage under a provision of the relevant social security legislation;
      (b)  the entitlement is one in respect of which the recipient has a right to receive payments to which the claimant has, or (but for the arrangements under which they are payable to the recipient) would have, an entitlement; and
      (c)  he causes or allows the recipient to fail to give a prompt notification of that change in the prescribed manner to the prescribed person.
        (1BC)  Subsection (1BD) of section 111A above applies in relation to subsections (1BA) and (1BB) above as it applies in relation to subsections (1BB) and (1BC) of that section.")
 
     Page 21, line 10, leave out ("and (1B)") and insert ("to (1BB)") 
  
After Clause 16
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
 
     Insert the following new Clause-- 
     ("  .--(1)  Each authority administering housing benefit or council tax benefit shall prepare a quarterly report in respect of--
    (a)  the number of investigations aborted during the period of the report;
    (b)  the number of investigations under way during the period of the report; and
    (c)  the number of penalties, prosecutions and their outcomes during the period of the report,
as a result of the powers conferred on it by this Act.
 
    (2)  Each authority shall make the reports referred to in subsection (1) available to the public at large in a manner it thinks fit.")
Quarterly report by authority.
     Insert the following new Clause-- 
     ("  .--(1)  Any authorised body empowered to administer social security benefit shall prepare a quarterly report in respect of--
    (a)  the number of investigations aborted during the period of the report;
    (b)  the number of investigations under way during the period of the report; and
    (c)  the number of penalties, prosecutions and their outcomes during the period of the report,
as a result of the powers conferrred on it by this Act.
 
    (2)  The Secretary of State shall make the reports referred to in subsection (1) available to the public at large in a manner he thinks fit.")
Quarterly report by authorised body.
 
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© Parliamentary copyright 2001
Prepared 22 February 2001