The Social Security (Local Authority Investigations and Prosecutions) Regulations 2008

• Citation: S.I. 2008/463
• Sections: 3

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Social Security (Local Authority Investigations and Prosecutions) Regulations 2008.

(2) These Regulations shall come into force on 7th April 2008.

(3) In these Regulations, “ the Act ” means the Social Security Administration Act 1992.

Section 2 Authorisations by local authorities

(1) An authority must not proceed for a purpose mentioned in section 109A(2)(a)(authorisations for investigators) of the Act unless the authorisation concerns one or more of the benefits listed in paragraph (5) .

(2) An authority must not proceed for a purpose mentioned in section 109A(2)(c) of the Act unless the authorisation concerns relevant social security legislation relating to one or more of the benefits listed in paragraph (5) .

(3) An authority must not proceed for a purpose mentioned in section 109A(2)(d) of the Act unless the authorisation concerns a benefit offence relating to one or more of the benefits listed in paragraph (5) .

(4) An authorisation made for a purpose mentioned in section 109A(2)(a), (c) or (d) of the Act has effect in relation to a particular case only if in relation to that case an authorised officer has commenced an investigation for a purpose mentioned in section 110A(2) of that Act.

(5) The benefits are—

(a) income support;

(b) a jobseeker’s allowance;

(c) incapacity benefit;

(d) state pension credit;

(e) an employment and support allowance.

Section 3 Exercise of powers by local authorities to prosecute benefit fraud

For the purposes of paragraph (2)(a) of section 116A of the Act (local authority powers to prosecute benefit fraud), the benefits prescribed are all relevant social security benefits except for—

(a) income support;

(b) a jobseeker’s allowance;

(c) incapacity benefit;

(d) state pension credit;

(e) an employment and support allowance.