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Social Security Administration (Fraud) Act 1997

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Change 1

What to do with it
As published

10 Adjustment of subsidy.

In section 140B of the Social Security Administration Act 1992 (calculation of amount of subsidy in respect of housing benefit and council tax benefit), for subsections (4) and (5) substitute— (4) The Secretary of State may— (a) pay as part of subsidy an additional amount specified by, or calculated in a manner specified by, the order; or (b) deduct from the amount which would otherwise be payable by way of subsidy an amount specified by, or calculated in a manner specified by, the order. (4A) The additional amounts which may be paid by virtue of subsection (4)(a) above include amounts in respect of— (a) the costs of administering the relevant benefit; or (b) success in preventing or detecting fraud relating to the relevant benefit or action to be taken with a view to preventing or detecting such fraud. (5) The Secretary of State may— (a) where an application is made by an authority on his invitation, pay to the authority as part of the subsidy such additional amount as he considers appropriate in respect of— (i) success in preventing or detecting fraud relating to the relevant benefit; or (ii) action to be taken with a view to preventing or detecting such fraud; or (b) deduct from the subsidy which would otherwise be payable to an authority such amount as he considers it unreasonable to pay by way of subsidy. (5A) The amounts which may be deducted by virtue of subsection (4)(b) or (5)(b) above include amounts in respect of— (a) a failure to comply with directions under section 139D(3) above; and (b) other failures in preventing or detecting fraud relating to the relevant benefit.

Your change, as a redline

10 Adjustment of subsidy.

In section 140B of the Social Security Administration Act 1992 (calculation of amount of subsidy in respect of housing benefit and council tax benefit), for subsections (4) and (5) substitute— (4) The Secretary of State may— (a) pay as part of subsidy an additional amount specified by, or calculated in a manner specified by, the order; or (b) deduct from the amount which would otherwise be payable by way of subsidy an amount specified by, or calculated in a manner specified by, the order. (4A) The additional amounts which may be paid by virtue of subsection (4)(a) above include amounts in respect of— (a) the costs of administering the relevant benefit; or (b) success in preventing or detecting fraud relating to the relevant benefit or action to be taken with a view to preventing or detecting such fraud. (5) The Secretary of State may— (a) where an application is made by an authority on his invitation, pay to the authority as part of the subsidy such additional amount as he considers appropriate in respect of— (i) success in preventing or detecting fraud relating to the relevant benefit; or (ii) action to be taken with a view to preventing or detecting such fraud; or (b) deduct from the subsidy which would otherwise be payable to an authority such amount as he considers it unreasonable to pay by way of subsidy. (5A) The amounts which may be deducted by virtue of subsection (4)(b) or (5)(b) above include amounts in respect of— (a) a failure to comply with directions under section 139D(3) above; and (b) other failures in preventing or detecting fraud relating to the relevant benefit.

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