Top up of reserved benefits 3 Offences (1) The Social Security (Scotland) Act 2018 is modified as follows. (2) In section 79(2), after paragraph (f) insert— 10 “(g) offences.”. (3) In section 80, after subsection (3) insert— “(4) The maximum penalty that may be provided for in regulations under section 79 in respect of an offence under those regulations is— (a) on summary conviction— 15 (i) imprisonment for a term not exceeding 12 months, (ii) a fine not exceeding the statutory maximum, or (iii) both, (b) on conviction on indictment— (i) imprisonment for a term not exceeding 5 years, 20 (ii) a fine, or (iii) both.”. (4) After section 80 insert— “80A Default provision in respect of offences (1) Sections 71 to 73 (which establish offences) apply in connection with financial 25 assistance given by virtue of top-up assistance regulations as they apply in connection with assistance given under section 24. (2) But subsection (1) is subject to any contrary provision in top-up assistance regulations. (3) Where they apply by virtue of subsection (1), sections 71 to 73 apply subject to 30 the following modifications— (a) a reference to assistance is to be read as a reference to financial assistance provided for by top-up assistance regulations, (b) a reference to giving notice in accordance with section 56 is to be read as a reference to giving notice in accordance with top-up assistance 35 regulations, (c) sections 72(3) and 73(3) do not apply unless, in accordance with top-up assistance regulations, the Scottish Ministers have informed the person in question about the way in which notification of a change of circumstances is to be given. 4 Social Security Administration and Tribunal Membership (Scotland) Bill Part 1—Social security administration (4) For the avoidance of doubt, the reference in section 74 to an offence under this Act or any regulations made under it includes— (a) an offence under any of sections 71 to 73 as applied by virtue of subsection (1), 5 (b) an offence under top-up assistance regulations. (5) In this section, “top-up assistance regulations” means regulations under section 79.”. 4 Assistance given in error: First-tier Tribunal’s jurisdiction (1) The Social Security (Scotland) Act 2018 is modified as follows. 10 (2) In section 79(2)(f), after “error” insert “(including provision transferring to the First-tier Tribunal for Scotland some or all of the competence and jurisdiction that a sheriff has in relation to the recovery of assistance given in error)”. 5 Investigations (1) The Social Security (Scotland) Act 2018 is modified as follows. 15 (2) The title of Chapter 6 of Part 2 becomes “Offences”. (3) The italic heading immediately preceding section 71 is omitted. (4) Section 75 is— (a) moved to after section 84 (and the italic heading immediately preceding it moves with it), and 20 (b) re-numbered 84A. (5) Section 76 is— (a) moved to after section 84A, and (b) renumbered 84B. (6) In section 84A(1), after “Act” insert “or regulations under section 79”. 25 (7) In section 84B(1), for “75” substitute “84A”. (8) In section 96(2)— (a) the word “75,” is repealed, (b) after “and (5),” insert “84A,”. 6 Transitional provision in consequence of section 5 30 (1) Anything done under section 75 or 76 of the Social Security (Scotland) Act 2018 (“the 2018 Act”) is to be treated as having been done under section 84A or 84B, respectively, of that Act. (2) And any reference to section 75 or 76 of the 2018 Act in any enactment or other document is to be read accordingly. 35 (3) The Scottish Ministers may publish a code...