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

back to previous amendments
 
  
Clause 7
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
 
36     Leave out Clause 7 
  
Clause 8
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
 
37     Leave out Clause 8 
  
After Clause 10
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
 
38     Insert the following new Clause-- 
     ("  .--(1)  Any individual subject to an inquiry under this Act shall be entitled to have access to all relevant information pertaining to that person, which is held by the relevant agencies or bodies, except in respect of information which is the subject of a pending prosecution.
 
    (2)  Any reasonable request for information made in accordance with subsection (1) shall be delivered in writing to the person making the request within 21 working days.")
Access to information.
  
BY THE EARL RUSSELL
THE LORD GOODHART
 
39     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
 
40     Page 16, line 41, leave out (", credit or loan") and insert ("or credit") 
  
Clause 13
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
 
41     Leave out Clause 13 
  
Clause 14
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
 
42     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") 
43     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") 
44     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
 
45     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)"") 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
 
46     Page 20, line 6, at end insert--
    ("(aa)  he uses a false National Insurance number;")
 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
47     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 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 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'.")
 
48     Page 20, line 29, leave out ("and (1B)") and insert ("to (1BC)") 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
 
49     Page 20, line 31, at end insert--
 
    ("(2A)  In subsection (3) of section 111A of the Administration Act, after the words "under this section" insert ", other than an offence under subsection (1A)(aa)".
 
    (2B)  After subsection (3) of that Act insert--
        ("(3A)  A person guilty of an offence under section (1A)(aa) shall be liable on conviction to a fine not exceeding level 2 on the standard scale."&#M10;&#M10;")
 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
50     Page 21, line 9, at end insert--
        ("(1BA)  In a case where subsection (1BA) of section 111A above applies, 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 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.")
 
51     Page 21, line 10, leave out ("and (1B)") and insert ("to (1BB)") 
  
After Clause 16
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
 
52     Insert the following new Clause-- 
 ("Quarterly reports 
     .--(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.
53     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.
  
Clause 19
 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
54     Page 21, line 25, leave out from ("as") to end of line 26 and insert ("the Secretary of State may by order made by statutory instrument appoint.
 
    (2)  Subject to subsection (3), different days may be appointed under this section for different purposes.
 
    (3)  The power under this section to appoint a day for the coming into force of the provisions of sections 1 and 2 shall not authorise the appointment for those purposes of any day before the issue of the code of practice that must be issued under section (Code of practice about use of information powers).")
 
 
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Prepared 26 February 2001