Section Sch1-32 — Social Security Act 2018: Effect on benefit of issue of warrant to arrest: validation about modification applying when benefit suspended immediately

32 Effect on benefit of issue of warrant to arrest: validation about modification applying when benefit suspended immediately (1) This clause applies to section 75B(9)(b) of the Social Security Act 1964 as in force on and after 15 July 2013 and until the changeover. (2) By way of explanation, that section 75B(9)(b) provides that section 120 of that Act (modified effect in some cases of sanctions on rate of benefit for people married or in civil union or de facto relationship) applies to a benefit that is suspended under section 75B(7) of that Act, as if the benefit had been suspended under section 117 of that Act (sanctions that may be imposed for failures). (3) That section 75B(9)(b) must be taken to include, and to have always included, a provision to the effect that section 120 of the Social Security Act 1964 (as applied by that section 75B(9)(b)) does not apply— (a) if the person whose benefit is suspended under section 75B(7) is not receiving a main benefit under this Act (as defined in section 3(1) of that Act); or (b) if the spouse or partner of the person whose benefit is suspended under section 75B(7) is receiving a main benefit under this Act (as so defined) in the spouse’s or partner’s own right.