Section 105 — Social Security Administration Act 1992: Failure to maintain—general

Failure to maintain—general 105 1 If—

a any person persistently refuses or neglects to maintain himself or any person whom he is liable to maintain;

and b in consequence of his refusal or neglect universal credit, income support , an income-based jobseeker's allowance or an income-related employment and support allowance is paid to or in respect of him or such a person, he shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine of an amount not exceeding level 4 on the standard scale or to both.

2 For the purposes of subsection (1) above a person shall not be taken to refuse or neglect to maintain himself or any other person by reason only of anything done or omitted in furtherance of a trade dispute.

3 Subject to subsection (4), for the purposes of this Part, a person shall be liable to maintain another person if that other person is—

a his or her spouse or civil partner, or b a person whom he or she would be liable to maintain if sections 78(6)(c) and (9) had effect for the purposes of this Part.

4 For the purposes of this section, in its application to an income-based jobseeker's allowance or an income-related employment and support allowance , subsection (3)(b) shall not apply .