The Social Security Administration Act 1992
c. 5 is the main piece of legislation dealing with the administration of social security benefits in the United Kingdom.
History
There has been various types of support for those without income in the UK since medieval times but 'modern' social security began in the mid 20th century. Various Acts of Parliament and Statutory Instruments dealt with the rules, but the current regulation is covered, in the main, by this much amended Act.
Amendments
There has been a number of amendments since the Act was first passed, the main ones being the
Social Security Administration (Fraud) Act 1997
The United States Social Security Administration (SSA) is an Independent agencies of the United States government, independent agency of the Federal government of the United States, U.S. federal government that administers Social Security (United ...
(c. 47),
[Government website - SSA(F)A 1997]
/ref> the Social Security Act 1998
Social organisms, including human(s), live collectively in interacting populations. This interaction is considered social whether they are aware of it or not, and whether the exchange is voluntary or not.
Etymology
The word "social" derives fro ...
(c. 14),[Government website - SSA 1998]
/ref> the Social Security Fraud Act 2001
Social organisms, including human(s), live collectively in interacting populations. This interaction is considered social whether they are aware of it or not, and whether the exchange is voluntary or not.
Etymology
The word "social" derives fro ...
(c. 11),[Government website - SSFA 2001]
/ref> and the Welfare Reform Act 2007
The Welfare Reform Act 2007 (c.5) is an Act of the Parliament of the United Kingdom which alters the British social security system. A number of sections come into force two months after royal assent and the first commencement order made under ...
(c. 5),.[Government website - WRA 2007]
/ref>
Statutory instruments
Although the base legislation is contained within the acts, most of the actual rules and regulations come within a plethora of Statutory Instruments. The best place to view these is vi
(National Archives)
a UK Governmental website.
Offences
The main offences created by the act (and subsequent amendments) are :
:s.111 : failure by specified body to provide information ;
:s.111A : dishonestly making false claims or withholding information about relevant changes ; and
:s.112 : knowingly making false claims or withholding information about relevant changes.
Section 111A is an either way offence A hybrid offence, dual offence, Crown option offence, dual procedure offence, offence triable either way, or wobbler is one of the special class offences in the common law jurisdictions where the case may be prosecuted either summarily or on indi ...
, the others are summary only.
Prosecution - legal points
Where cases of benefit fraud
Benefit(s) may refer to:
Arts and entertainment
* ''Benefit'' (album), by Jethro Tull, 1970
* "Benefits" (''How I Met Your Mother''), a 2009 TV episode
* "Benefits", a 2018 song by Zior Park
* '' The Benefit'', a 2012 Egyptian action film
Bus ...
result in criminal prosecution of an individual, in England & Wales such prosecutions are generally brought either under section 112 Social Security Administration Act 1992 (where no dishonesty is alleged) or under s111A of the same Act (where dishonesty
Dishonesty is acting without honesty. The term describes acts which are meant to deceive, cheat, or mislead.
Dishonesty is a basic feature of most offences defined in criminal law, such as fraud, which relates to the illicit acquisition, conversi ...
is alleged). There are a number of legal cases relevant to prosecutions under these sections. Key points are dealt with in more detail in technical articles on benefit fraud.[David Winch]
"Benefit fraud"
(2009)
The penalties for benefit fraud may be mitigated where it can be shown that the defendant would have been entitled to other forms of financial benefit, such as UK Tax Credits, had an appropriate claim on the true facts been lodged at the time.
A person convicted of benefit fraud may be held to have a 'criminal lifestyle' in confiscation proceedings under Parts 2, 3 & 4 of the Proceeds of Crime Act 2002
The Proceeds of Crime Act 2002 (c. 29) (POCA) is an act of the Parliament of the United Kingdom which provides for the confiscation or civil recovery of the proceeds from crime and contains the principal money laundering legislation in the ...
.
Notes
{{Authority control
United Kingdom Acts of Parliament 1992