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Chapter B2: Restrictions on payment of benefit - benefit offences

Contents (Part 1)
B2001:Scope and layout of Chapter
B2002:Introduction to Part 1
B2003:Disqualifying and sanctionable benefits
B2004:Disqualifying benefits which are not sanctionable benefits
B2005:Neither disqualifying nor sanctionable benefits
Conditions for restrictions on payment
B2011:First benefit offence
B2012:Meaning of administrative penalty (pre 8.5.12)
B2013:Meaning of benefit offence
B2015:Meaning of date of conviction
B2017:Meaning of disqualifying period
B2018:Meaning of disqualifying event
B2019:Meaning of offender
B2020:Start date of disqualification period ("DQ-day")
B2024:Meaning of determination day
B2025:Meaning of family
B2026:SPC cases
B2027:Meaning of pay day
B2041:Second or subsequent benefit offences
B2042:Meaning of disqualifying period
B2043:Start date of disqualification period ("DQ-day")
Effect of restrictions on the payment of sanctionable benefit
B2061:General
B2062:Supersession
B2063:Sanctionable benefits other than IS, JSA, SPC, ESA and UC
B2065:Amount payable - IS and ESA(IR)
B2067:Amount payable - SPC
B2069:Meaning of relevant sum
B2071:Rounding
B2072:Meaning of benefit week
B2073:Changes in rate of benefit payable - IS, ESA(IR) and SPC
B2074:Amount payable - JSA
B2075:Amount payable - joint-claim JSA - single offender
B2076:Amount payable - joint-claim JSA - both offenders
B2077:Amount payable - UC
B2078:Calculating the reduction
B2079:Daily reduction rate
B2083:Changes in the rate of benefit payable - UC
B2084:Joint claimants
B2085:Rounding
B2086:Meaning of standard allowance
B2101:Court decision quashed
B2102:Right of appeal
B2103:Changes following administrative agreement

Chapter B2: Restrictions on payment of benefit - benefit offences

Contents (Part 2)
B2201:Introduction to Part 2
B2202:Disqualifying and sanctionable benefits
B2203:Disqualifying benefits which are not sanctionable benefits
B2204:Neither disqualifying nor sanctionable benefits
Conditions for restrictions on payment
B2221:First benefit offence
B2222:Meaning of administrative penalty (post 8.5.12)
B2223:Meaning of benefit offence
B2225:Meaning of date of conviction
B2227:Meaning of disqualifying period
B2228:Meaning of disqualifying event
B2229:Meaning of relevant period
B2230:Meaning of relevant offence
B2231:Prescribed offences which are relevant offences
B2233:Meaning of offender
B2234:Start date of disqualification period ("DQ-day")
B2241:Meaning of determination day
B2242:Meaning of family
B2243:SPC cases
B2244:Meaning of pay day
B2261:Repeated benefit offences
B2263:Meaning of disqualifying period
B2264:Meaning of relevant offence
B2265:Meaning of relevant period
B2266:Meaning of disqualifying event
B2267:Multiple convictions
B2268:Start date of disqualification period ("DQ-day")
Effect of restrictions on the payment of sanctionable benefit
B2291:General
B2292:Supersession
B2293:Sanctionable benefits other than IS, JSA, SPC, ESA and UC
B2295:Amount payable - IS
B2296:Amount payable - SPC
B2298:Meaning of relevant sum
B2300:Rounding
B2301:Changes in rate of benefit payable - IS and SPC
B2302:Meaning of benefit week
B2303:Amount payable - ESA(IR)
B2305:Meaning of specified day
B2307:Rounding
B2308:Changes in the rate of benefit payable - ESA(IR)
B2309:Meaning of benefit week
B2310:Amount payable - JSA
B2311:Amount payable - joint-claim JSA - single offender
B2312:Amount payable - joint-claim - both offenders
B2313:Amount payable - UC
B2314:Calculation of reduction
B2315:Daily reduction rate
B2320:Changes in rate of benefit payable - UC
B2321:Joint claimants
B2322:Rounding
B2323:Meaning of standard allowance
B2324:Court decision quashed
B2325:Right of appeal
B2326:Changes following administrative penalty agreement
List of disqualifying and sanctionable benefits ............................ Appendix 1
List of disqualifying benefits which are not
sanctionable benefits....................................................................... Appendix 1
List of neither disqualifying nor sanctionable benefits................ Appendix 1

Chapter B2: Restrictions on payment of benefit - benefit offences

B2001 Scope and layout of Chapter

The guidance in this Chapter deals with the restrictions on the payment of benefit in
benefit offence cases. The guidance is split into two parts according to when the
benefit offence was committed.

B2002 Introduction to Part 1

The guidance in B2003 to B2106 deals with the restrictions on the payment of
benefit following
1. conviction for a first benefit offence
2. conviction for a second or subsequent benefit offence
3. acceptance of a penalty as an alternative to prosecution (administrative
penalty or caution)
and relates to benefit offences committed up to and including 31.3.13. This guidance
has been moved from DMG Chapter 08.
Note: For benefit offences committed on or wholly after 1.4.13, the guidance in (Part
2) B2201 et seq should be followed.

B2003 Disqualifying and sanctionable benefits B2002 B2201 B2202

Most benefits are disqualifying which means that a benefit offence committed
against a disqualifying benefit will result in a sanction being imposed on a
sanctionable benefit. A list of disqualifying and sanctionable benefits is in Appendix 1
Column A1.
1 SS Fraud Act 01, s6A(1)

B2004 Disqualifying benefits which are not sanctionable benefits B2203

Some benefits are disqualifying benefits but not sanctionable benefits. A list of
disqualifying benefits which are not sanctionable benefits is in Appendix 1 Column
B1 .
1 SS Fraud Act 01, s6A(1)

B2005 Neither disqualifying nor sanctionable benefits B2204

Some benefits are neither disqualifying nor sanctionable benefits. A list of benefits
which are neither disqualifying nor sanctionable benefits is in Appendix 1 Column C1.
1 SS Fraud Act 01, s6A(1)

[B2006-B2010]

Conditions for restrictions on payment

B2011 First benefit offence B2014 B2017 B2018 B2018 B2018 B2077

Restrictions on the payment of benefit apply where the offender is entitled to a
sanctionable benefit at any time within the disqualifying period and1
1. is convicted of one or more benefit offences in any proceedings or
2. after proper notice agrees to accept an administrative penalty in respect of a
benefit offence or
3. is cautioned in respect of one or more benefit offences after admitting the
offence.
1 SS Fraud Act 01, s6B(1); s6B(4)

B2012 Meaning of administrative penalty (pre 8.5.12)

Administrative penalty means an arrangement, instigated by the Secretary of State
and with the agreement of the offender, to pay an administrative penalty equal to a
percentage of the amount overpaid, as an alternative to prosecution (1).
Note: DMs should note that the definition of administrative penalty changed from
8.5.12 - see B2222 for guidance.
1 SS Fraud Act, 01, s6B(1)(b); s6B(2); SS A Act 92, s115A

B2013 Meaning of benefit offence B2014

Subject to B2014, benefit offence means (1)
1. any offence in connection with a claim for a disqualifying benefit or
2. any offence in connection with the
2.1 receipt
or
2.2 payment of any disqualifying benefit or
3. any offence committed for the purpose of facilitating the commission (whether
or not by the same person) of a benefit offence or
4. any offence consisting of an attempt or conspiracy to commit a benefit
offence.

1 SS Fraud Act 01, s6B(13); s7(8)

B2014 B2013

The definition in B2013 relates to benefit offences committed on or after either
1. 1.4.10 in respect of B2011 or
2. 1.4.02 in respect of B2041 (1).
1 SS Fraud Act 01, s6B(13); s7(8)

B2015 Meaning of date of conviction

The date of conviction in any proceedings relating to a benefit offence is (1)
1. the date on which the offender is found guilty of that benefit offence in those
proceedings (whenever the person was sentenced) or
2. on the case of B2016 2., the date of the order for absolute discharge.

1 SS Fraud Act 01, s6C(5)(a); s7(9)(a)

B2016 B2015

Conviction (1) includes
1. a conviction where the court makes an order for absolute discharge or
conditional discharge or
2. an order for absolute discharge made by a court of summary jurisdiction in
Scotland under specified legislation (2) without proceeding to a conviction or
3. a conviction in Northern Ireland.
1 SS Fraud Act 01, s6C(5)(b); s7(9)(b); 2 Criminal Procedure (Scotland) Act 1995, s246(3)

B2017 Meaning of disqualifying period B2020

For the purposes of B2011, the disqualification period means the period in which the
restrictions on payment of benefit applies (1). The disqualifying period in relation to any
disqualifying event means a period of 4 weeks beginning with the date, falling after
the date of the disqualifying event, as may be determined in specified legislation (2).
1 SS (LoB) Regs reg 1(2); 2 SS Fraud Act 01, s6B(11); SS (LoB) Regs, reg 1A

B2018 Meaning of disqualifying event

Disqualifying event means (1)
1. a conviction falling within B2011 1. or
2. the agreement falling within B2011 2. or
3. the caution falling within B2011 3..
1 SS Fraud Act 01, s6B(13)

B2019 Meaning of offender

Offender (1) means the person who is subject to the restriction in the payment of his
benefit in accordance with specified legislation (2).
1 SS (LoB) Regs, reg 1(2); 2 SS Fraud Act 01, s6B & s7

B2020 Start date of disqualification period ("DQ-day") B2022 B2023 B2023

For the purposes of B2017 and where on the determination day the offender (1)
1. is in receipt of a sanctionable benefit or
2. is a member of a joint-claim couple which is in receipt of joint-claim JSA or
3. has a family member who is in receipt of IS, JSA, SPC, ESA or UC on the
date on which the disqualification period starts
DQ-day is as described in B2021.
Note: For guidance on the start date of the disqualification period in UC cases refer
to B2238 and B2239.

1 SS (LoB) Regs, reg 1A(2)

B2021 B2020 B2023

DQ-day
is (1)
1. for a sanctionable benefit paid in arrears, the day following the first pay day
after the end of the period of 28 days beginning with the determination day
and
2. for a sanctionable benefit paid in advance, the first pay day after the end of
the period of 28 days beginning with the determination day.

1 SS (LoB) Regs, reg 1A(3)

B2022

Where B2020 does not apply, DQ-day is the first day after the end of the period of
28 days beginning with the determination day (1).

1 SS (LoB) Regs, reg 1A(6)

B2023

Where on the determination day B2020 applies in the case of an offender or, as the
case may be, a member of their family, but that person ceases to be in receipt of a
benefit as in B2020 before the first day of the disqualification period as in B2021 1.
or 2., DQ-day is the first day after the end of the period of 28 days beginning with the
determination day (1).
1 SS (LoB) Regs, reg 1A(7)

B2024 Meaning of determination day B2043

The determination day (1) is the day on which the Secretary of State determines that a
restriction on payment of benefit under specified legislation (2) is applicable. However,
in a case where the disqualifying event is an agreement to pay an administrative
penalty, the determination day is the 28th day after that day (3).
1 SS (LoB) Regs, reg 1(2); 2 SS Fraud Act 2001, s6B; s7; s8; s9; 3 SS (LoB) regs, reg 1(2A)

B2025 Meaning of family B2026

Subject to B2026, family means (1)
1. a couple
or
2. a couple and any child or person of a prescribed description who is
2.1
a member of the same household and
2.2
the responsibility of either or both members of a couple or
3. a person who is not a member of a couple and any child or person of a
prescribed description who is
3.1
a member of the same household and
3.2
the responsibility of that person.
1 SS Fraud Act 01, s13; SS CB Act 92, Part 7

B2026 SPC cases B2025

In respect of SPC cases, but only for the purposes of restrictions on payment of
benefit, a person of a prescribed description for the purposes of the definition of
family as in B2025 (1), is a person
1. who is an additional spouse in the case of a polygamous marriage (2) or
2. aged 16 or over who is in F/T education and is treated as a child for CHB
3
purposes .
1 SS (LoB) Regs, reg 3A(7); 2 reg 3A(7)(a); SPC Act 02, s12(1); 3 SS (LoB) Regs, reg 3A(7)(b); SS CB Act 92, s142

B2027 Meaning of pay day

Pay day, in relation to a sanctionable benefit, means the day on which benefit is due
to be paid (1).
1 SS (LoB) Regs, reg 1(2)

[B2028-B2040]

B2041 Second or subsequent benefit offences B2014 B2042

Restrictions on the payment of benefit apply if (1)
1. the offender or a member of their family is convicted of one or more benefit
offences in each of two separate sets of proceedings and
2. the later offence is committed within the period of five years, after the date of
conviction of the earlier offence and
3. the later set of proceedings has not previously been taken into account in
applying a restriction on payment for a second or subsequent conviction in
relation either to the offender or to a member of the offender's family and
4. the earlier set of proceedings has not previously been taken into account as
an earlier set of proceedings in applying a restriction on payment for a second
or subsequent conviction in relation either to the offender or to a member of
the offender's family and
5. the offender satisfies the conditions of entitlement for a sanctionable benefit at
any time within the disqualification period.
1 SS Fraud Act 01, s 7(1)

B2042 Meaning of disqualifying period B2043

For the purposes of B2041, the disqualification period in relation to the conviction of
a person for one or more benefit offences in each of two separate sets of
proceedings means a period of 13 weeks beginning with the date, falling after the
date of the disqualifying event, as may be determined in specified legislation (1).
1 SS Fraud Act 01, s7(6); SS (LoB) Regs, reg 2

B2043 Start date of disqualification period ("DQ-day") B2045 B2046

For the purposes of B2042 and where on the determination day (see B2024) the
offender (1)
1. is in receipt of a sanctionable benefit or
2. is a member of a joint-claim couple which is in receipt of joint-claim JSA or
3. has a family member who is in receipt of IS, JSA, SPC, ESA or UC on the
date on
which the disqualification period starts
DQ-day is
as described in B2044.
Note: For guidance on the start date of the disqualification period in UC cases refer
to B2272 and B2273.

1 SS (LoB) Regs, reg 2(2)

B2044 B2043

DQ-day
is (1)
1. for a sanctionable benefit paid in arrears, the day following the first pay day
after the end of the period of 28 days beginning with the determination day
and
2. for a sanctionable benefit paid in advance, the first pay day after the end of
the period of 28 days beginning with the determination day.

1 SS (LoB) Regs, reg 2(3)

B2045 B2046

Where B2043 does not apply, DQ-day is the first day after the end of the period of
28 days beginning with the determination day on which the Secretary of State
decides to award
1. a sanctionable benefit to the offender or
2. a joint-claim JSA to a joint-claim couple of which the offender is a member or
3. IS, JSA, SPC, ESA or UC to the offender's family member (1).
Note:
For guidance on the start date of the disqualification period in UC cases refer
to B2272 and B2273.

1 SS (LoB) Regs, reg 2(6)

B2046

In B2043 to B2045, DQ-day must be no later than 5 years and 28 days after the date
of conviction of the offender for the benefit offence in the later proceedings (1).
1 SS (LoB) Regs, reg 2(7)

[B2047-B2060]

Effect of restrictions on the payment of sanctionable benefit

B2061 General

An offender has a restriction imposed on the payment of any sanctionable benefit
payable to them within the disqualification period. However, no restriction is applied
to any deduction from the benefit made for or in place of CSM (1).
1 SS (LoB) Regs, reg 20

B2062 Supersession

The restriction on payment of a sanctionable benefit is brought about by means of
supersession (1). The effective date of the supersession is the first day of the
disqualification period (2).
1 SS CS (D&A) Regs, reg 6(2)(j); 2 reg 7(28)

B2063 Sanctionable benefits other than IS, JSA, SPC, ESA and UC

Sanctionable benefits are not payable to the offender for any period during the
disqualification period (1). However, there are special rules for IS, JSA, SPC, ESA and
UC (2).

1 SS Fraud Act 01, s6B(5); s7(2); 2 s6B(5A); s6B(6); s6B(7); s6B(8); s6B(9); s7(2A); s7(3); s7(4); s7(4A); s7(4B); s9(2A)

B2064

Subject to the special rules for IS, JSA, SPC, ESA and UC where more than one
sanctionable benefit is involved none is payable for any period during the
disqualification period.

B2065 Amount payable - IS and ESA(IR) B2066 B2071

The amount of IS or ESA(IR) payable to an offender or an offender's family member
will be reduced by 40% of a single claimant's personal allowance rate during the
disqualification period (1) except that the reduction will be 20% if
1. the offender or a member of the offender's family is pregnant or seriously ill (2)
or
2. in the case of IS, the offender's applicable amount has been reduced pending
the outcome of an appeal against a decision incorporating an IfW
determination that they are not incapable of work (whether or not the appeal is
successful)3.

1 SS (LoB) Regs, reg 3(1)(c);SS (LoB)(Amdt)Regs 13, reg 7(6); 2 reg 3(1)(a); 3 reg 3(1)(b)

B2066

Payment of IS or ESA(IR) shall not be reduced as in B2065 to below 10 pence per
week (1).
1 SS (LoB) Regs, reg 3(2)

B2067 Amount payable - SPC B2068

SPC is payable at the rate described in B2068
1. in the case of an offender, for any week comprised in the disqualification
period or
2. in the case of an offender's family member, for any week comprised in the
relevant period (1).

1 SS (LoB) Regs, reg 3A(1)

B2068 B2067 B2069 B2070 B2071

The rate of reduction of SPC for the purposes of B2067 is
1. where the offender or the offender's family member is pregnant or seriously ill,
20% of the relevant sum or
2. 40% in all other cases (1).
1 SS (LoB) Regs, reg 3A(1)(a) & (b)

B2069 Meaning of relevant sum

For the purposes of B2068, the relevant sum is the applicable amount (1)
1. except where
2. applies, in respect of a single person aged not less than 25
under specified legislation (2) or
2. if the claimant's family member is the offender and the offender has not
reached the age of 25, the amount applicable under specified legislation (3)
on the first day of the disqualification period or, as the case may be, on the first day
of the relevant period.

1 SS (LoB) Regs, reg 3A(2); 2 IS Regs, Sch 2 para 1(1); 3 IS Regs, Sch 2 Part 1 para 1(1)

B2070

Payment of SPC shall not be reduced as in B2068 to below 10 pence per week (1).
1 SS (LoB) Regs, reg 3A(3)

B2071 Rounding

A reduction under B2065 or B2068 shall, if it is (1)
1. not a multiple of five pence, be rounded to the nearest such multiple or
2. a multiple of two and half pence but not of five pence
be rounded to the next lower multiple of five pence.
1 SS (LoB) Regs, reg 3(3); reg 3A(4)

B2072 Meaning of benefit week

When considering reductions of IS, ESA(IR) and SPC, benefit week (1) has the same
meaning as in the relevant benefit regulations (2).
1 SS (LoB) Regs, reg 3(6); reg 3A(6); 2 IS Regs, reg 2(1); ESA Regs, reg 2(1); SPC Regs, reg 1(2)

B2073 Changes in rate of benefit payable - IS, ESA(IR) and SPC

The rate of benefit payable to an offender, or an offender's family member, may
change. In such a case
1. the rules for reduction in the benefit payable should be applied to the new rate
and
2. any adjustment to the reduction will take effect from the first day of the first
benefit week to start after the date of change (1).
1 SS (LoB) Regs, reg 3(5); reg 3A(5)

B2074 Amount payable - JSA

[See memo DMG 12 13 [not found]] [See memo DMG 12 13 [not found]] JSA is not payable to offenders
during the disqualification period (1). However they may have access to hardship
payments.
Note: DMG Chapter 35 and ADM Chapter L1 contain guidance on hardship.
1 SS Fraud Act 01, s 6B(5); s 6B(7); s 7(2); s 7(4); SS (LoB) Regs, reg 5

B2075 Amount payable - joint-claim JSA - single offender

Payment restrictions apply to any offender who is a member of a joint-claim couple
during the disqualification period (1). In these cases, unless the couple qualify for
hardship recoverable payments, the other member of the couple who is not the
offender may receive either
1. JSA(Cont), if they satisfy the conditions for it or
2. JSA(IB) at a rate equivalent to a single person's applicable amount
as long as they are not subject to any labour market sanctions (2).
1 SS (LoB) Regs, reg 4; 2 SS Fraud Act 01, s 8(2)

B2076 Amount payable - joint-claim JSA - both offenders

[See memo DMG 12 13 [not found]] [See memo DMG 12 13 [not found]]No joint-claim JSA will be
payable (1) where both members of the couple would be subject to a sanction for a
benefit offence, or one member would be subject to a sanction for a benefit offence
and the other is subject to a labour market sanction. But they will have access to
hardship payments.
1 SS Fraud Act 01, s 8(2); s 8(4); SS (LoB) Regs, reg 11
Amount payable - UC

B2077 B2083

Where B2011 applies and UC is in payment to an offender or a member of their
family ("O") in respect of an assessment period wholly or partly within a
disqualification period, those payments are to be reduced in accordance with B2077
or B2081 (1).
1 SS (LoB) Regs, reg 3ZB(1)

B2078 Calculating the reduction B2079 B2080 B2082

Except where B2081 applies and subject to B2082 and B2085, the amount of the
reduction is to be calculated by multiplying the daily reduction rate by the number of
days in the assessment period or, if lower, the number of days in the assessment
period to which the reduction is to relate (1).
1 SS (LoB) Regs, reg 3ZB(2)

B2079 Daily reduction rate B2080 B2081 B2084 B2085

The daily reduction rate for the purposes of B2078 is, unless B2080 applies, an
amount equal to the amount of the standard allowance applicable to the award
multiplied by 12 and divided by 3651.

1 SS (LoB) Regs, reg 3ZB(3)

B2080 B2079 B2081 B2084 B2085

The daily reduction rate for the purposes of B2078 is 40% of the rate calculated in
accordance with B2079 if, at the end of the assessment period (1)
1. O, or where O is a joint claimant, the other joint claimant ("J"), falls within specified
legislation (2) because they are
1.1
not subject to work-related requirements (3) or
1.2
an adopter, within 11 weeks before or 15 weeks after, confinement or
a responsible foster parent of a child under the age of 14 or
1.3
subject to work-focused interview only (5).

1 SS (LoB) Regs, reg 3ZB(4); 2 WR Act 12, s19; 3 s19(2)(c); 4 UC Regs, reg 89(1)(c), (d) & (f); 5 WR Act 12, s20

B2081 B2077 B2078

Where the disqualification period ends during an assessment period, the amount of
the reduction for that assessment period is to be calculated by multiplying the daily
reduction rate as in B2079 or, as the case may be, B2080 by the number of days in
that assessment period which are within the disqualification period (1).

1 SS (LoB) Regs, reg 3ZB(5)

B2082 B2078 B2083

The amount of the reduction in B2078 in respect of any assessment period must not
exceed the amount of the standard allowance which is applicable to O in respect of
that period (1).
1 SS (LoB) Regs, reg 3ZB(7)

B2083 Changes in the rate of benefit payable - UC

Where the rate of UC payable to O or, as the case may be O and J, changes, the
rules set out in B2077 to B2082 for a reduction in the UC payable are to be applied
to the new rate and any adjustment to the reduction is to take effect from the first
day of the assessment period to start after the date of change (1).
1 SS (LoB) Regs, reg 3ZB(8)

B2084 Joint claimants

In the case of joint claimants
1. each joint claimant is considered individually for the purpose of determining
the rate applicable under B2079 or B2080 and
2. half of any applicable rate is applied to each joint claimant accordingly (1).
1 SS (LoB) Regs, reg 3ZB(9)

B2085 Rounding B2078

The amount of the UC daily reduction rate in B2079 and B2080 is to be rounded
down to the nearest 10 pence (1).
1 SS (LoB) Regs, reg 3ZB(6)

B2086 Meaning of standard allowance

Standard
allowance (1) means the amount of UC which is set out in specified
legislation (2).
1 SS (LoB) Regs, reg 3ZB(10); 2 UC Regs, reg 36

[B2087-B2100]

B2101 Court decision quashed

Where a court quashes a conviction which had resulted in a decision that a
restriction on the payment of benefit was to be imposed
1. that decision may be revised at any time and
2. payments and other adjustments made as if no restriction had been imposed (1).
1 SS Fraud Act 01, s 6C(1); s 7(7); s 8(6); s 9(6); SS CS (D&A) Regs, reg 3(8B)

B2102 Right of appeal

There is no right of appeal against a decision that a sanctionable benefit is not
payable or is to be reduced following convictions for benefit offences where the only
ground of appeal is that
1. any of the convictions were wrong or
2. the offender did not commit the benefit offence in respect of which
2.1
there has been agreement to pay an administrative penalty or
2.2
a caution has been accepted (1).
1 SS CS (D&A) Regs, Sch 2, para 27

B2103 Changes following administrative penalty agreement B2106

This applies to the offender who may be
1. the claimant or
2. in the case of a joint-claim JSA, any member of a couple or
3. a family member.

B2104

Where
1. the offender withdraws their agreement to pay the administrative penalty or
2. it is decided that the overpayment to which the agreement relates is not
recoverable or due
any decision that a restriction on the payment of benefit was to be imposed may be
revised at any time and payments and other adjustments made as if no restriction
had been imposed (1).

1 SS Fraud Act 01, s 6C(2); s 8(7); s 9(7); SS CS (D&A) Regs, reg 3(8B)

B2105 B2106

If, after the offender has agreed to pay an administrative penalty, the amount of the
overpayment to which it relates
1. is revised on appeal or
2. is revised in accordance with a decision (1)
the restrictions imposed following the agreement cease but new restrictions must be
considered (2).

1 SSA 98; 2 SS Fraud Act 01, s 6C(3); s 8(8); s 9(8)

B2106 B2002 B2201

If the restrictions cease as in B2105 and there is a new disqualifying event consisting
of any person listed in B2103
1. agreeing to pay an administrative penalty in relation to the revised
overpayment or
2. being cautioned in relation to the offence to which the old agreement relates
the disqualification period relating to the new disqualifying event is reduced by the
number of days in the old disqualification period which had expired before the
restrictions imposed following the old agreement ceased. In any other case any
decision that a restriction on the payment of benefit was to be imposed may be
revised at any time and payments and other adjustments made as if no restriction
had been imposed (1).
1 SS Fraud Act 01, s 6C(4); s 8(8); s 9(8)d

[B2107-B2200]

Chapter B2: Restrictions on payment of benefit - benefit offences

B2201 Introduction to Part 2 B2002

The guidance in paragraphs B2202 to B2327 applies to restrictions on the payment
of benefit following
1. conviction for a first benefit offence or
2. conviction for a repeated (formerly known as a second or subsequent) benefit
offence or
3. acceptance of a penalty as an alternative to prosecution (administrative
penalty or caution) or
4. conviction for a relevant offence
and relates to benefit offences committed on or wholly after 1.4.13.
Note: For benefit offences committed up to and including 31.3.13, the guidance in
(Part 1) B2003 to B2106 should be followed.

B2202 Disqualifying and sanctionable benefits B2201

See B2003 and Appendix 1 Column A.

B2203 Disqualifying benefits which are not sanctionable benefits

See B2004 and Appendix 1 Column B.

B2204 Neither disqualifying nor sanctionable benefits

See B2005 and Appendix 1 Column C.

[B2205-B2220]

Conditions for restrictions on payment

B2221 First benefit offence B2227 B2228 B2228 B2228 B2229 B2229 B2229

Restrictions on the payment of benefit apply where the offender is entitled to a
sanctionable benefit at any time within the disqualifying period and1
1. is convicted of one or more benefit offences in any proceedings or
2. after proper notice agrees to accept an administrative penalty in respect of a
benefit offence or
3. is cautioned in respect of one or more benefit offences after admitting the
offence or
4. conviction for a relevant offence.
1 SS Fraud Act 01, s6B(1);s6B(4); s6B(14)

B2222 Meaning of administrative penalty (post 8.5.12) B2012

Administrative penalty means an arrangement, instigated by the Secretary of State
and with the agreement of the offender, to pay an administrative penalty as an
alternative to prosecution (1).
1 SS Fraud Act, 01, s6B(2); SS A Act 92, s115A

B2223 Meaning of benefit offence B2224

Subject to B2223, benefit offence means (1)
1. any offence in connection with a claim for a disqualifying benefit or
2. any offence in connection with the
2.1 receipt
or
2.2 payment of any disqualifying benefit or
3. any offence committed for the purpose of facilitating the commission (whether
or not by the same person) of a benefit offence or
4. any offence consisting of an attempt or conspiracy to commit a benefit
offence.

1 SS Fraud Act 01, s6B(13); s7(8)

B2224

The definition in B2223 relates to benefit offences committed on or after 1.4.131.
1 SS Fraud Act 01, s6B(13); s7(8)

B2225 Meaning of date of conviction

The date of conviction in any proceedings relating to a benefit offence is (1)
1. the date on which the offender is found guilty of that benefit offence in those
proceedings (whenever the person was sentenced) or
2. on the case of B2226 2., the date of the order for absolute discharge.

1 SS Fraud Act 01, s6C(5)(a); s7(9)(a)

B2226 B2225

Conviction (1) includes
1. a conviction where the court makes an order for absolute discharge or
conditional discharge or
2. an order for absolute discharge made by a court of summary jurisdiction in
Scotland under specified legislation (2) without proceeding to a conviction or
3. a conviction in Northern Ireland.
1 SS Fraud Act 01, s6C(5)(b); s7(9)(b); 2 Criminal Procedure (Scotland) Act 1995, s246(3)

B2227 Meaning of disqualifying period B2229 B2234

For the purposes of B2221, the disqualification period means the period in which the
restrictions on payment of benefit applies (1). The disqualifying period in relation to any
disqualifying event means the relevant period beginning with the date, falling after
the date of the disqualifying event, as may be determined in specified legislation (2).
1 SS (LoB) Regs reg 1(2); 2 SS Fraud Act 01, s6B(11); SS (LoB) Regs, reg 1A

B2228 Meaning of disqualifying event B2266

Disqualifying event means
1. a conviction falling within B2221 1. or
2. the agreement falling within B2221 2. or
3. the caution falling within B2221 3..
1 SS Fraud Act 01, s6B(13)

B2229 Meaning of relevant period B2230

For the purposes of B2227, the relevant period is (1)
1. a period of 3 years where a case falls within B2221 1. and the benefit offence,
or one of them, is a relevant offence or
2. a period of 13 weeks where the case falls within B2221 1. but not within 1.
above or
3. a period of 4 weeks where the case falls within B2221 2. or 3..
1 SS Fraud Act 01, s6B(11A)

B2230 Meaning of relevant offence B2231 B2232

For the purposes of B2229, relevant offence means (1)
1. in England and Wales, the common law offence of conspiracy to defraud or
2. a prescribed offence which, in the offender's case, is committed in such
circumstances as may be prescribed and which, on conviction
2.1
is found by the court to relate to an overpayment as defined in
legislation (2) of at least 50,000 or
2.2
is punished by a custodial sentence of at least one year, including a
suspended sentence as defined in legislation (3) or
2.3
is found by the court to have been committed over a period of at least
2
years.
1 SS Fraud Act 01, s6B(14); 2 SS A Act 92, s115A(8); 3 Criminal Justice Act 2003, s189(7)(b)

B2231 Prescribed offences which are relevant offences B2262

For the purposes of B2230 2.1, 2.2 and 2.3 prescribed offences are (1)
1. in England and Wales, offences under specified legislation (2)
2. in England, Wales or Scotland, offences under specified legislation (3)
3. in Scotland only, the common law offences of
3.1
conspiracy to defraud
3.2 embezzlement
3.3 fraud
3.4 fraudulent
scheme
3.5 uttering
4. in Scotland only, offences under specified legislation (4)
5. in Scotland only, offences to which specified legislation applies (5).
1 SS (LoB) Regs, reg 2A(1), (2), (3) & (4); 2 Accessories & Abettors Act 1861, s8; Criminal Law Act 1977, s1; Forgery &
Counterfeiting Act 1981, s1, s3, s4 & s5; Fraud Act 2006, s6 & s7; Serious Crime Act 2007, s44, s45 & s46; 3 SS A Act 92,
s182; Proceeds of Crime Act 2002, s327, s328 & s329; Identity Documents Act 2010, s4, s5 & s6; 4 Criminal Law
(Consolidation) Scotland Act 1995, s44; Criminal Justice and Licensing (Scotland) Act 2010, s28 & s30; 5 Criminal Justice

and Licensing (Scotland) Act 2010, s29

B2232 B2262

Prescribed offences which are relevant offences for the purposes of B2230 2.1 or
2.2 only are (1)
1. in England and Wales (2), offences under specified legislation (3)
2. in England, Wales and Scotland (4), offences under specified legislation (5).
1 SS (LoB) Regs, reg 2A(5); 2 reg 2A(6); 3 Fraud Act 2006, s1; 4 SS (LoB) Regs, reg 2A(7); 5 SS A Act 92, s111A; Tax Credits
Act 2002, s35

B2233 Meaning of offender

Offender (1) means the person who is subject to the restriction in the payment of his
benefit in accordance with specified legislation (2).
1 SS (LoB) Regs, reg 1(2); 2 SS Fraud Act 01, s6B & s7

B2234 Start date of disqualification period ("DQ-day") B2240 B2240

For the purposes of B2227 and where on the determination day the offender (1)
1. is in receipt of a sanctionable benefit other than a benefit to which B2237
applies or UC or
2. is a member of a joint-claim couple which is in receipt of joint-claim JSA or
3. has a family member who is in receipt of IS, JSA, SPC, ESA or UC on the
date on
which the disqualification period starts
DQ-day is as described in B2235.

1 SS (LoB) Regs, reg 1A(1) & (2)

B2235 B2234 B2240

DQ-day
is (1)
1. for a sanctionable benefit paid in arrears, the day following the first pay day
after the end of the period of 28 days beginning with the determination day
and
2. for a sanctionable benefit paid in advance, the first pay day after the end of
the period of 28 days beginning with the determination day.

1 SS (LoB) Regs, reg 1A(3)

B2236 B2237

In cases where
1. B2237 applies
or
2. where there is no sanctionable benefit payable on the determination day
DQ-day is the first day after the end of the 28 days beginning with the determination
day (1).

1 SS (LoB) Regs, reg 1A(6)

B2237 B2234 B2236

The cases referred to in B2236 are where on the determination day the offender or,
as the case may be, the offender's family member is in receipt of a sanctionable
benefit which is neither payable wholly in advance nor wholly in arrears and no other
sanctionable benefit (1).

1 SS (LoB) Regs, reg 1A(5A)

B2238 B2020 B2240 B2240

B2239 applies where, where on the determination day, the offender or, as the case
may be, the offender's family member is in receipt of UC (1).

1 SS (LoB) Regs, reg 1A(6A)

B2239 B2020 B2238 B2240

In this case, DQ-day is (1)
1. if the first day after the end of the period of 28 days beginning with the
determination day is the first day of an assessment period, that day or
2. if the first day after the end of the period of 28 days beginning with the
determination day is not the first day of an assessment period, the first day of
the next assessment period after that day.

1 SS (LoB) Regs, reg 1A(6B)

B2240

Where on the determination day
1. B2234 or B2238 applies in the case of an offender or, as the case may be,
the offender's family member but
2. that person ceases to be in receipt of a benefit referred to B2234 or B2238
before the first day of the disqualification period that would apply as in B2235
or B2239,
DQ-day is the first day after the end of the period of 28 days beginning with the
determination day (1).
1 SS (LoB) Regs, reg 1A(7)

B2241 Meaning of determination day

The determination day (1) is the day on which the Secretary of State determines that a
restriction on payment of benefit under specified legislation (2) is applicable.
1 SS (LoB) Regs, reg 1(2); 2 SS Fraud Act 2001, s6B; s7; s8; s9

B2242 Meaning of family B2243

Subject to B2243, family means (1)
1. a couple
or
2. a couple and any child or person of a prescribed description who is
2.1
a member of the same household and
2.2
the responsibility of either or both members of a couple or
3. a person who is not a member of a couple and any child or person of a
prescribed description who is
3.1
a member of the same household and
3.2
the responsibility of that person.
1 SS Fraud Act 01, s13; SS CB Act 92, Part 7

B2243 SPC cases B2242

In respect of SPC cases, but only for the purposes of restrictions on payment of
benefit, a person of a prescribed description for the purposes of the definition of
family as in B2242 (1), is a person
1. who is an additional spouse in the case of a polygamous marriage (2) or
2. who is a qualifying young person for the purposes of specified legislation (3).
1 SS (LoB) Regs, reg 3A(7); 2 reg 3A(7)(a); SPC Act 02, s12(1); 3 SS (LoB) Regs, reg 3A(7)(b); SS CB Act 92, s142(2)

B2244 Meaning of pay day

Pay day, in relation to a sanctionable benefit, means the day on which benefit is due
to be paid (1).
1 SS (LoB) Regs, reg 1(2)

[B2245-B2260]

B2261 Repeated benefit offences B2262 B2267 B2267

Subject to B2262, restrictions on the payment of benefit apply if (1)
1. the offender or a member of their family is convicted of one or more benefit
offences in a set of proceedings (the current set of proceedings) and
2. within the period of 5 years ending on the date on which the benefit offence
was, or any of them were, committed, one or more disqualifying events
occurred in relation to the offender (the event, or the most recent of them,
being referred to as the earlier disqualifying event) and
3. the current set of proceedings has not previously been taken into account in
applying a restriction on payment for a repeated conviction in relation either to
the offender or to a member of the offender's family and
4. the earlier disqualifying event has not previously been taken into account as
an earlier disqualifying event in applying a restriction on payment for a
repeated conviction in relation either to the offender or to a member of the
offender's family and
5. the offender satisfies the conditions of entitlement for a sanctionable benefit or
becomes satisfied at any time within the disqualification period.

1 SS Fraud Act 01, s 7(1)

B2262 B2261 B2264

Restrictions on payment as in B2231 and B2232 do not apply if the benefit offence
referred to in B2261 1., or any of them, is a relevant offence (1).
1 SS Fraud Act 01, s7(1A)

B2263 Meaning of disqualifying period B2265 B2268

In an offender's case, the disqualification period (1) means the relevant period
beginning with a prescribed date falling after the date of the conviction in the current
set of proceedings (2).
1 SS (LoB) Regs, reg 2; 2 SS Fraud Act 01, s7(6)

B2264 Meaning of relevant offence

For the purposes of B2262, relevant offence means (1)
1. in England and Wales, the common law offence of conspiracy to defraud or
2. a prescribed offence which, in the offender's case, is committed in such
circumstances as may be prescribed and which, on conviction
2.1
is found by the court to relate to an overpayment as defined in
legislation (2) of at least 50,000 or
2.2
is punished by a custodial sentence of at least one year, including a
suspended sentence as defined in legislation (3) or
2.3
is found by the court to have been committed over a period of at least
2
years.
1 SS Fraud Act 01, s6B(14); 2 SS A Act 92, s115A(8); 3 Criminal Justice Act 2003, s189(7)(b)

B2265 Meaning of relevant period B2267 B2267

For the purposes of B2263 the relevant period is (1)
1. in a case where, within the period of 5 years ending on the date on which the
earlier disqualifying event occurred, a previous disqualifying event occurred in
relation to the offender, the period of 3 years or
2. in any other case, 26 weeks.
1 SS Fraud Act 01, s7(6A)

B2266 Meaning of disqualifying event

Disqualifying event has the same meaning as in B2228 (1).
1 SS Fraud Act 01, s7(8)

B2267 Multiple convictions

Where a person is convicted of more than one benefit offence in the same set of
proceedings, there is to be only one disqualifying event in respect of that set of
proceedings for the purposes of a repeated benefit offence and1
1. B2261
2. is satisfied if any of the convictions take place in the 5 year periods mentioned
there
or
2. the event is taken into account for the purposes of B2261 4. if any of the
convictions have been taken into account as mentioned there or
3. in the case of the earlier disqualifying event mentioned in B2265 1., there
reference there to the date on which the earlier disqualifying event occurred is
a reference to the date on which any of the convictions take place or
4. in the case of the previous disqualifying event mentioned in B2265 1., that
provision is satisfied if any of the convictions take place in the 5 year period mentioned
there.
1 SS Fraud Act 01, s7(8A)

B2268 Start date of disqualification period ("DQ-day") B2274 B2275 B2275

For the purposes of B2263 and where on the determination day the offender (1)
1. is in receipt of a sanctionable benefit other than a benefit to which B2271
applies or UC or
2. is a member of a joint-claim couple which is in receipt of joint-claim JSA or
3. has a family member who is in receipt of IS, JSA, SPC, ESA or UC on the
date on which the disqualification period starts
DQ-day is
as described in B2269.

1 SS (LoB) Regs, reg 2(1) & (2)

B2269 B2268 B2275

DQ-day
is (1)
1. for a sanctionable benefit paid in arrears, the day following the first pay day
after the end of the period of 28 days beginning with the determination day
and
2. for a sanctionable benefit paid in advance, the first pay day after the end of
the period of 28 days beginning with the determination day.

1 SS (LoB) Regs, reg 2(3)

B2270 B2271

In cases where
1. B2271 applies
or
2. where there is no sanctionable benefit payable on the determination day
DQ-day is the first day after the end of the 28 days beginning with the determination
day (1).

1 SS (LoB) Regs, reg 2(6)

B2271 B2268 B2270

The cases referred to in B2270 are where on the determination day the offender or,
as the case may be, the offender's family member is in receipt of a sanctionable
benefit which is neither payable wholly in advance nor wholly in arrears and no other
sanctionable benefit (1).

1 SS (LoB) Regs, reg 2(5A)

[B2272]

B2273 B2043 B2045 B2274 B2275

applies where, where on the determination day, the offender or, as the case
may be, the offender's family member is in receipt of UC (1).

1 SS (LoB) Regs, reg 2(6A)

B2273 In this case, DQ-day is (1)
1. if the first day after the end of the period of 28 days beginning with the
determination day is the first day of an assessment period, that day or
2. if the first day after the end of the period of 28 days beginning with the
determination day is not the first day of an assessment period, the first day of
the next assessment period after that day.

1 SS (LoB) Regs, reg 2(6B)

B2274

In B2268 to B2273, except where B2275 applies, DQ-day must be no later than 5
years and 28 days after the date of conviction of the offender for the benefit offence
in the later proceedings (1).

1 SS (LoB) Regs, reg 2(7)

B2275 B2274

Where the date of the conviction of the offender for the benefit offence in the later
proceedings is on or after 1.4.13 and on the determination day
1. B2268 or B2272 applies in the case of an offender, or as the case may be, an
offender's family member, but
2. that person ceases to be in receipt of a benefit referred to in B2268 or B2272
before the first day of the disqualification period that would apply as in B2269 or
B2273 DQ-day is the day after the end of the period of 28 days beginning with the
determination day (1).
1 SS (LoB) Regs, reg 2(8)

[B2276-B2290]

Effect of restrictions on the payment of sanctionable benefit

B2291 General

An offender has a restriction imposed on the payment of any sanctionable benefit
payable to them within the disqualification period. However, no restriction is applied
to any deduction from the benefit made for or in place of CSM (1).
1 SS (LoB) Regs, reg 20

B2292 Supersession

The restriction on payment of a sanctionable benefit is brought about by means of
supersession (1). The effective date of the supersession is the first day of the
disqualification period (2).
1 UC, PIP JSA & ESA (D&A) Regs, reg 28; 2 reg 35(12)

B2293 Sanctionable benefits other than IS, JSA, SPC, ESA and UC

Sanctionable benefits are not payable to the offender for any period during the
disqualification period (1). However, there are special rules for IS, JSA, SPC, ESA and
UC.

1 SS Fraud Act 01, s 6B(5); s7(2); 2 s6B(5A); s6B(6); s6B(7); s6B(8); s6B(9); s7(2A); s7(3); s7(4); s7(4A); s7(4B); s9(2A)

B2294

Subject to the special rules for IS, JSA, SPC, ESA and UC where more than one
sanctionable benefit is involved none is payable for any period during the
disqualification period.

B2295 Amount payable - IS B2300

The amount of IS payable to an offender or an offender's family member will be
reduced by 40% of a single claimant's personal allowance rate during the
disqualification period (1) except that the reduction will be 20% if
1. the offender or a member of the offender's family is pregnant or seriously ill (2)
or
2. in the case of IS, the offender's applicable amount has been reduced pending
the outcome of an appeal against a decision incorporating an IfW
determination that they are not incapable of work (whether or not the appeal is
successful)3.
1 SS (LoB) Regs, reg 3(1)(c); 2 reg 3(1)(a); 3 reg 3(1)(b)

B2296 Amount payable - SPC B2297

SPC is payable at the rate described in B2297
1. in the case of an offender, for any week comprised in the disqualification
period or
2. in the case of an offender's family member, for any week comprised in the
relevant period (1).

1 SS (LoB) Regs, reg 3A(1)

B2297 B2296 B2298 B2299 B2300

The rate of reduction of SPC for the purposes of B2296 is
1. where the offender or the offender's family member is pregnant or seriously ill,
20% of the relevant sum or
2. 40% in all other cases (1).
1 SS (LoB) Regs, reg 3A(1)(a) & (b)

B2298 Meaning of relevant sum

For the purposes of B2297, the relevant sum is the applicable amount (1)
1. except where
2. applies, in respect of a single person aged not less than 25
under specified legislation (2) or
2. if the claimant's family member is the offender and the offender has not
reached the age of 25, the amount applicable under specified legislation (3)
on the first day of the disqualification period or, as the case may be, on the first day
of the relevant period.

1 SS (LoB) Regs, reg 3A(2); 2 IS Regs, Sch 2 para 1(1); 3 IS Regs, Sch 2 Part 1 para 1(1)

B2299

Payment of SPC shall not be reduced as in B2297 to below 10 pence per week (1).
1 SS (LoB) Regs, reg 3A(3)

B2300 Rounding

A reduction under B2295 or B2297 shall, if it is (1)
1. not a multiple of five pence, be rounded to the nearest such multiple or
2. a multiple of two and half pence but not of five pence be rounded to the next lower multiple of five pence. 1 SS (LoB) Regs, reg 3(3); reg 3A(4)

B2301 Changes in rate of benefit payable - IS and SPC

The rate of benefit payable to an offender, or an offender's family member, may
change. In such a case
1. the rules for reduction in the benefit payable should be applied to the new rate
and
2. any adjustment to the reduction will take effect from the first day of the first
benefit week to start after the date of change (1).
1 SS (LoB) Regs, reg 3(5); reg 3A(5)

B2302 Meaning of benefit week

When considering reductions in IS and SPC benefit week has the same meaning as
in the relevant benefit regulations (1).
1 SS (LoB) Regs, reg 3(6); reg 3A(6)

B2303 Amount payable - ESA(IR) B2304 B2308

Subject to B2306 and B2307, ESA(IR) is payable at the reduced rate described in

B2304 B2305 B2306 B2307

1. in the case of an offender, in respect of any week in the disqualification period
or
2. in the case of an offender's family member, in respect of any week in the
relevant period (1).

1 SS (LoB) Regs, reg 3ZA(1)

B2304 The rate of reduction of ESA(IR) for the purposes of B2303 is (1)
1. where the offender or the offender's family member is pregnant or seriously ill,
a sum equivalent to 20% or
2. where the offender or, as the case may be, the offender's family member is
subject to no work-related requirements for the purposes of specified
legislation (2), a sum equivalent to 40% or
3. a sum equivalent to 100% in all other cases
of the applicable amount for a single claimant specified in legislation on the day
specified in B2305 (3).
1 SS (LoB) Regs, reg 3Z(2); 2 WR Act 07, s11D; 3 ESA Regs, reg Sch 4 para 1(1)

B2305 Meaning of specified day B2304

For the purposes of B2304, the specified day is (1)
1. where a payment to the offender falls to be reduced, on the first day of the
disqualification period or
2. where a payment to the offender's family member falls to be reduced, on the
first day of the relevant period.

1 SS (LoB) Regs, reg 3ZA(3)

B2306 B2303

Payments of ESA(IR) must not be reduced under B2304 to below 10 pence a week (1).
1 SS (LoB) Regs, reg 3ZA(4)

B2307 Rounding B2303 B2308

A reduction under B2304 must, if it is (1)
1. not a multiple of five pence, be rounded to the nearest such multiple or
2. a multiple of two and a half pence but not five pence
be rounded to the next lower multiple of five pence.
1 SS (LoB) Regs, reg 3ZA(5)

B2308 Changes in the rate of benefit payable - ESA(IR)

Where the rate of ESA(IR) paid to an offender or an offender's family member
changes, the rules set out in B2303 to B2307 for a reduction are to be applied to the
new rate and any adjustment to the reduction shall take effect from the first day of
the benefit week to start after the date of change (1).
1 SS (LoB) Regs, reg 3ZA(6)

B2309 Meaning of benefit week

Benefit
week (1) has the same meaning as in specified legislation (2).
1 SS (LoB) Regs ,reg 3ZA(7)

B2310 Amount payable - JSA

[See memo DMG 12 13 [not found]] [See memo DMG 12 13 [not found]] JSA is not payable to offenders
during the disqualification period (1). However they may have access to hardship
payments.
Note: DMG Chapter 35 and ADM Chapter L1 contain guidance on hardship.
1 SS Fraud Act 01, s 6B(5); s 6B(7); s 7(2); s 7(4); SS (LoB) Regs, reg 5

B2311 Amount payable - joint-claim JSA - single offender

Payment restrictions apply to any offender who is a member of a joint-claim couple
during the disqualification period (1). In these cases, unless the couple qualify for
hardship payments, the other member of the couple who is not the offender may
receive either
1. JSA(Cont), if they satisfy the conditions for it or
2. JSA(IB) at a rate equivalent to a single person's applicable amount
as long as they are not subject to any labour market sanctions (2).
1 SS (LoB) Regs, reg 4; 2 SS Fraud Act 01, s 8(2)

B2312 Amount payable - joint-claim JSA - both offenders

[See memo DMG 12 13 [not found]] [See memo DMG 12 13 [not found]]No joint-claim JSA will be
payable (1) where both members of the couple would be subject to a sanction for a
benefit offence, or one member would be subject to a sanction for a benefit offence
and the other is subject to a labour market sanction. But they will have access to
hardship payments.
1 SS Fraud Act 01, s 8(2); s 8(4); SS (LoB) Regs, reg 11

B2313 Amount payable - UC B2320

UC payments made to an offender or a member of their family ("O") in respect of an
assessment period wholly or partly within a disqualification period are to be reduced
in accordance with B2314 or B2317 (1).
1 SS (LoB) Regs, reg 3ZB(1)

B2314 Calculation of reduction B2313 B2315 B2316 B2319

Except where B2317 applies and subject to B2318 and B2319, the amount of the
reduction is to be calculated by multiplying the daily reduction rate by the number of
days in the assessment period or, if lower, the number of days in the assessment
period to which the reduction is to relate (1).
1 SS (LoB) Regs, reg 3ZB(2)

B2315 Daily reduction rate B2316 B2317 B2318 B2321 B2322

The daily reduction rate for the purposes of B2314 is, unless B2316 applies, an
amount equal to the amount of the standard allowance applicable to the award
multiplied by 12 and divided by 3651.

1 SS (LoB) Regs, reg 3ZB(3)

B2316 B2315 B2317 B2318 B2321 B2322

The daily reduction rate for the purposes of B2314 is 40% of the rate calculated in
accordance with B2315 if, at the end of the assessment period (1)
1. O, or where O is a joint claimant, the other joint claimant ("J"), falls within
specified legislation (2) because they are
1.1
not subject to work-related requirements (3) or
1.2
an adopter, within 11 weeks before or 15 weeks after, confinement or
a responsible foster parent of a child under the age
of 14 or
1.3
subject to work-focused interview only (5).

1 SS (LoB) Regs, reg 3ZB(4); 2 WR Act 12, s19; 3 s19(2)(c); 4 UC Regs, reg 89(1)(c), (d) & (f); 5 WR Act 12, s20

B2317 B2313 B2314

Where the disqualification period ends during an assessment period, the amount of
the reduction for that assessment period is to be calculated by multiplying the daily
reduction rate as in B2315 or, as the case may be, B2316 by the number of days in
that assessment period which are within the disqualification period (1).

1 SS (LoB) Regs, reg 3ZB(5)

B2318 B2314

The amount of the daily reduction rate in B2315 and B2316 is to be rounded down to
the nearest 10 pence (1).

1 SS (LoB) Regs, reg 3ZB(6)

B2319 B2314 B2320

The amount of the reduction in B2314 in respect of any assessment period must not
exceed the amount of the standard allowance which is applicable to O in respect of
that period (1).
1 SS (LoB) Regs, reg 3ZB(7)

B2320 Changes in rate of benefit payable - UC

Where the rate of UC payable to O or, as the case may be, O and J, changes, the
rules set out in B2313 to B2319 for a reduction in the UC payable are to be applied
to the new rate and any adjustment to the reduction is to take effect from the first
day of the assessment period to start after the date of change (1).
1 SS (LoB) Regs, reg 3ZB(8)

B2321 Joint claimants

In the case of joint claimants
1. each joint claimant is considered individually for the purpose of determining
the rate applicable under B2315 or B2316 and
2. half of any applicable rate is applied to each joint claimant accordingly (1).
1 SS (LoB) Regs, reg 3ZB(9)

B2322 Rounding

The amount of the UC daily reduction rate in B2315 and B2316 is to be rounded
down to the nearest 10 pence (1).
1 SS (LoB) Regs, reg 3ZB(6)

B2323 Meaning of standard allowance

Standard
allowance (1) means the amount of UC which is set out in specified
legislation (2).
1 SS (LoB) Regs, reg 3ZB(10); 2 UC Regs, reg 36

B2324 Court decision quashed

Where a court quashes a conviction which had resulted in a decision that a
restriction on the payment of benefit was to be imposed
1. that decision may be revised at any time and
2. payments and other adjustments made as if no restriction had been imposed (1).
1 SS Fraud Act 01, s 6C(1); s 7(7); s 8(6); s 9(6); SS CS (D&A) Regs, reg 3(8B)

B2325 Right of appeal

There is no right of appeal against a decision that a sanctionable benefit is not
payable or is to be reduced following convictions for benefit offences where the only
ground of appeal is that
1. any of the convictions were wrong or
2. the offender did not commit the benefit offence in respect of which
2.1
there has been agreement to pay an administrative penalty or
2.2
a caution has been accepted (1).
1 SS CS (D&A) Regs, Sch 2, para 27

B2326 Changes following administrative penalty agreement B2327

B2327 applies where, after the agreement of any person ("P") to pay an
administrative penalty is taken into account for the purposes of a repeated benefit
offence in relation to that person (1)
1. P's agreement to pay the penalty is withdrawn or
2. it is decided on appeal or in accordance with specified legislation (2) that any
overpayment to which the agreement relates is not recoverable or due or
3. the amount of any overpayment to which the penalty relates is revised on
appeal or in accordance with specified legislation (3) and there is no new
agreement by P to pay a penalty in relation to the revised overpayment.

1 SS Fraud Act 01, s7(7A); 2 SS Act 98; 3 SS Act 98

B2327 B2201 B2326

In the circumstances described in B2326, all such payments and other adjustments
shall be made as would be necessary if no restriction had been imposed in the case
of a repeated benefit offence that could not have been imposed if P had not agreed
to pay the penalty (1).
1 SS Fraud Act 01, s7(7B)

[B2328-B2999]

Appendix 1
Column A = Benefits which are both disqualifying and sanctionable
Column B = Benefits which are disqualifying but not sanctionable
Column C = Benefits which are neither sanctionable or disqualifying
A
B
C
Income Support
State Pension
Maternity Allowance
Jobseeker's Allowance
Jobseeker's Allowance (joint
Statutory Maternity Pay
(single person)
claim couples)
Standard Housing/Council
Graduated Retirement
Statutory Sick Pay
Tax Benefit
Pension
Incapacity Benefit
Disability Living Allowance
Statutory Adoption Pay
Carer's Allowance
Attendance Allowance
Statutory Paternity Pay
War Pensions
Child Benefit
Health in Pregnancy Grant
Widows
Guardian's Allowance
Pneumoconiosis (Worker's
Pension/Bereavement
Compensation) 1979
Allowance
Widowed Mothers/Parents
Social Fund Payments
2008 Diffuse Mesothelioma
Allowance
Scheme
Industrial Injuries
Christmas Bonus
Disablement Pension
Industrial Death Benefit
Industrial Injuries (incl. Old
Cases) Constant Attendance
Allowance
All other Industrial Injuries
Industrial Injuries
Scheme Benefits not covered
Exceptionally Severe
elsewhere in the table
Disablement Allowance
State Pension Credit
War Pensions Exceptionally
Severe Disablement
Allowance
Employment and Support
War Pensions Constant
Allowance (contributory)
Attendance Allowance
A
B
C
Employment and Support
War Pensions Mobility
Allowance (income related)
Supplement
Severe Disablement
Bereavement Payment
Allowance
Universal Credit (from
Linked Housing
29.4.13)
Benefit/Council Tax Benefit
Working Tax Credit (from
1.4.13)
Child Tax Credit (from
1.4.13)
Personal
Independence
Payment (from 8.4.13)