Section 105 | Failure to maintain—general

(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,^F1F2

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—^F3

(a)his or her spouse or civil partner, or^F3

(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.^F3

(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.^F4F5F6