112 Prosecution powers of local authorities

112  Prosecution powers of local authorities

(1)     The Social Security Administration Act 1992 is amended as follows.

(2)     After section 116 there is inserted—

“116ZA Local authority powers to prosecute housing benefit and council tax benefit fraud

(1)     This section applies to an authority administering housing benefit or council tax benefit.

(2)     The authority may not bring proceedings against a person for a benefit offence relating to either of those benefits unless—

(a)     the authority has already started an investigation in relation to that person in respect of the offence,

(b)     in a case where the proceedings relate to housing benefit, the authority has already started an investigation in relation to the person in respect of a benefit offence relating to council tax benefit, or has already brought proceedings against the person

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