Loss of benefit provisions: further amendments

Amendments made: 97, in schedule 4, page 84, line 15, at end insert—

‘( ) In subsection (9)—

(a) in paragraph (a), after “sentenced)” insert “or in the case mentioned in paragraph (b)(ii) the date of the order for absolute discharge”, and

(b) for paragraph (b) substitute—

“(b) references to a conviction include references to—

(i) a conviction in relation to which the court makes an order for absolute or conditional discharge or a court in Scotland makes a probation order,

(ii) an order for absolute discharge made by a court of summary jurisdiction in Scotland under section 246(3) of the Criminal Procedure (Scotland) Act 1995 without proceeding to a conviction, and

(iii) a conviction in Northern Ireland.”.’.

This amends section 7 of the Social Security Fraud Act 2001 so as to ensure that its provisions apply where a person is convicted of a benefit offence, but the court makes an order for absolute discharge. See also amendments 96 and 96.

Amendment 98, in schedule 4, page 86, line 35, leave out ‘6B(7)’ and insert ‘6B(6)’.—(Ann McKechin.)

This amendment ensures that the affirmative Parliamentary procedure applies to the regulation-making power in new section 6B(6) of the Social Security Fraud Act 2001 (inserted by clause 19). The existing reference to new section 6B(7) is incorrect.

Schedule 4, as amended, agreed to.

Clause 20 ordered to stand part of the Bill.