Legislation – Public Authorities (Fraud, Error and Recovery) Act 2025

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Part 2Social security etc

Chapter 5Offences, penalties etc

101Offences: non-benefit payments

(1)

The Social Security Administration Act 1992 is amended as follows.

(2)

In section 111A (dishonest representations for obtaining benefit etc)—

(a)

in subsection (1), in the words after paragraph (b), after “legislation” insert “or a non-benefit payment”;

(b)

after subsection (1G) insert—

“(1H)

For the purposes of subsections (1A) to (1G), references to—

(a)

a person being entitled to, or having a right to receive, a payment under a provision of the relevant social security legislation include references to a person being entitled to, or having a right to receive, or qualifying for, a non-benefit payment, and

(b)

a person’s entitlement to a payment under a provision of the relevant social security legislation include references to a person’s entitlement to, or qualification for, a non-benefit payment.”

(3)

In section 112 (false representations for obtaining benefit etc)—

(a)

after subsection (1) insert—

“(1ZA)

A person is guilty of an offence if, for the purpose of obtaining a non-benefit payment for themselves or another person, they—

(a)

make a statement or representation which they know to be false, or

(b)

produce or furnish, or knowingly cause or knowingly allow to be produced or furnished, any document or information which they know to be false in a material particular.”;

(b)

after subsection (1F) insert—

“(1G)

For the purposes of subsections (1A) to (1F), references to—

(a)

a person being entitled to, or having a right to receive, a payment under a provision of the relevant social security legislation include references to a person being entitled to, or having a right to receive, or qualifying for, a non-benefit payment, and

(b)

a person’s entitlement to a payment under a provision of the relevant social security legislation include references to a person’s entitlement to, or qualification for, a non-benefit payment.”

(4)

In section 121DA(5) (interpretation of Part 6), at the appropriate place insert—

““non-benefit payment” means a prescribed payment which—

(a)

is not a payment of a relevant social security benefit, and

(b)

is made by the Secretary of State with responsibility for social security for the purposes of providing financial assistance to a person, whether directly or indirectly.”