Legislation – Welfare Reform Act 2012
Changes to legislation:
Welfare Reform Act 2012, Section 113 is up to date with all changes known to be in force on or before 04 April 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
Part 5Social security: general
Penalties as alternative to prosecution
113Penalty in respect of benefit fraud not resulting in overpayment
(1)
Section 115A of the Social Security Administration Act 1992 (penalty as alternative to prosecution) is amended as follows.
(2)
“(1A)
This section also applies where —
(a)
it appears to the Secretary of State or an authority that there are grounds for instituting proceedings against a person for an offence (under this Act or any other enactment) relating to an act or omission on the part of that person in relation to any benefit, and
(b)
if an overpayment attributable to the act or omission had been made, the overpayment would have been recoverable from the person by, or due from the person to, the Secretary of State or an authority under or by virtue of section 71, 71ZB, 71A, 75 or 76 above.”
(3)
In subsection (2)(a) for “such proceedings” there is substituted “proceedings referred to in subsection (1) or (1A) above“.
(4)
In subsection (4)—
(a)
in paragraph (a), after “is” there is inserted “
;
or would have been
”
(b)
in paragraph (b), at the end there is inserted “or to the act or omission referred to in subsection (1A)(a).“
(5)
In subsections (6) and (7), at the beginning there is inserted “In a case referred to in subsection (1)”.
(6)
In subsection (7B)(a), after “is”, in both places, there is inserted “
.
or would have been
”
(7)
In subsection (8) after “subsection (1)(a)” there is inserted “
.
or (1A)(b)
”
(8)
In the Social Security Fraud Act 2001—
(a)
in section 6B(1)(b), the words “by reference to any overpayment” are repealed and for “the offence mentioned in subsection (1)(b) of the appropriate penalty provision” there is substituted “
;
the offence to which the notice relates
”
(b)
in sections 6C(2)(b) and (3), 8(7)(b) and (8) and 9(7)(b) and (8), for “the overpayment” there is substituted “
.
any overpayment made
”