Benefit Fraud
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What is Benefit Fraud?
Benefit fraud is a criminal offence and refers to instances where a person has acted dishonestly or deliberately to claim benefits (often in the form of financial, medical or food assistance) to which he or she is not entitled. If this comes to the attention of the office paying the benefit, an investigation for benefit fraud may follow.
Benefit fraud law can be confusing, and benefit fraud cases can be highly damaging for those under investigation. So, it’s important to seek professional benefit fraud advice as early as possible.
What Offences Does Benefit Fraud Law Cover?
Here are some areas of benefit fraud:
- Deliberately omitting information about your true financial situation to the benefits office when you claimed the benefit. Working while claiming Jobseeker’s Allowance or a failure to declare all savings knowing a higher amount would affect entitlement to the benefit received.
- Deliberately omitting information about your true household situation to the benefits office when you claimed the benefit. For example, living with someone but claiming benefits as a lone parent.
- Deliberately failing to inform the benefits office about a change in financial, household or other circumstance that you knew would affect your benefit entitlement.
- Deliberately using false documents to claim benefits, for example, using a false birth certificate so Child Benefit can be claimed.
Why is it Important to Seek Benefit Fraud Advice?
Benefit fraud law can be confusing due to benefit overpayments. They are not the same thing, and benefit overpayments can arise for a variety of reasons. Benefit overpayments are not necessarily fraud but can be issues which run parallel to a fraud investigation. The confusion is understandable: the benefits system and criteria for eligibility can often be tricky to navigate. If you’re unsure, it is best to contact benefit fraud lawyers for proper benefit fraud legal advice.
Benefit fraud investigations can be stressful and intrusive as benefit officers may contact your family, friends and other organisations who hold information about you, such as HMRC, banks, and gas and electricity providers. Our dedicated blog post walks you through the benefit fraud investigation process.
Interviews
If an individual is accused of fraud related to benefits, he or she may either be invited an interview or told to attend court. Before attending an interview or court, any suspect is advised to consult benefit fraud lawyers so that the precise alleged offence is ascertained and benefit fraud legal advice given as to the appropriate form of action to take.
If the fraud investigators already think a benefit offence has been committed, they are more likely to interview under caution, during the course of which anything said could then be used as evidence in court. This should be explained at the start of the interview.
Prosecutions
Following an investigation, an individual can be prosecuted for a number of offences. The allegation or allegations a defendant in these proceedings might face will vary depending on the factual background of the case and can range from failing to report employment status or failing to report a change in eligibility status up to fraud conspiracy.
Benefit Fraud Sentencing
If you are found guilty of benefit fraud, there can be serious consequences. You risk being issued a substantial fine of up to £5000, being taken to court or having your benefits stopped or reduced from between 13 weeks to three years.
Unless you are part of a large group conspiracy to defraud the system out of hundreds of thousands of pounds, it is unlikely you will go to jail. The maximum prison sentence for benefit fraud is seven years.
Your sentence will depend on the nature of the fraudulent activity, such as, whether you were coerced into it or operated with a group. If the case progresses to court and you are convicted, this will be recorded on your CRB.
If a defendant is convicted, then the court can hand down a sentence ranging from anywhere from a fine up to and including a custodial sentence. After the sentence, where it is appropriate, civil confiscation proceedings may be instituted by the Prosecuting Authority in order to deprive a convicted defendant of the amount he or she has gained from criminal activity.
Challenging the Amount of Overpayment
There is often a dispute over how any alleged fraud has been calculated and there may be instances where expert evidence is obtained to examine the accuracy of overpayments alleged. The amount concerned is relevant to whether a decision is made to prosecute, the appropriate court to try the case, the sentence given and any subsequent confiscation proceedings.
Benefit Fraud Lawyers
For legal advice, our benefit fraud lawyers are experienced and equipped to provide guidance. Contact us today for help with benefit fraud cases.
At St Paul’s, our barristers are experienced with benefit fraud cases. If you suspect you might be investigated for tax credit fraud or need benefit fraud advice, contact our team of experienced benefit fraud lawyers for guidance on benefit fraud law. The earlier you consult a lawyer, the sooner we can help you.
