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What is Benefit Fraud?
Benefit fraud is a criminal offence and it is important to note that it is not the same as benefit overpayments which can arise for a variety of reasons. If you’re unsure, it is best to seek benefit fraud advice. Benefit overpayments are not necessarily fraud but can be issues which run parallel to a fraud investigation. The confusion is understandable: the benefit system and criteria for eligibility can often be tricky to navigate.
If 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 and this comes to the attention of the office paying the benefit, an investigation for benefit fraud may follow.
If you suspect you might be investigated for tax credit fraud or need benefit fraud legal advice, contact our team of experienced benefit fraud lawyers for guidance on benefit fraud law.

Barristers
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QCs
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Head of Chambers
Simon Bickler QC
Call: 1998
Silk: 2011
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Nigel Sangster QC
Call: 1976
Silk: 1998
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Richard Barraclough QC
Call: 1980
Silk: 2003
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Simon Myerson QC
Call: 1986
Silk: 2003
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Bryan Cox QC
Call: 1979
Silk: 2005
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Associate Tenant
Jane Bewsey QC
Call: 1986
Silk: 2010
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Sam Green QC
Call: 1998
Silk: 2015
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John Harrison QC
Call: 1994
Silk: 2016
There are no QCs suiting filter condition
Members
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Jeremy Barnett
Call: 1980
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Philip Standfast
Call: 1980
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Jonathan Sandiford
Call: 1992
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Nikki Saxton
Call: 1992
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Robert Smith
Call: 1995
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Derek Duffy
Call: 1997
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Cameron Brown
Call: 1998
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Alasdair Campbell
Call: 1999
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Andrew Stranex
Call: 2000
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Denise Breen-Lawton
Call: 2000
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James Bourne-Arton
Call: 2001
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Sasha Bailey
Call: 2002
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Hal Watson
Call: 2003
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Danielle Graham
Call: 2003
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James Lake
Call: 2005
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Helen Chapman
Call: 2006
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Andrew Nixon
Call: 2006
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Hannah Hinton
Call: 2008
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Voldi Welch
Call: 2008
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Angus MacDonald
Call: 2009
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Sophie Mitchell
Call: 2010
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Hannah Lynch
Call: 2011
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George Hazel-Owram
Call: 2012
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Stephen Flint
Call: 2012
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Kristina Goodwin
Call: 2013
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Ayesha Smart
Call: 2014
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Stephen Elphick
Call: 2014
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Frances Pencheon
Call: 2015
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Charlie Greenwood
Call: 2015
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Jessica Heggie
Call: 2017
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Temitayo Dasaolu
Call: 2018
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Ayman Khokhar
Call: 2018
There are no Members suiting filter condition
Examples of benefit fraud can include the following:
- Deliberately failing to tell the benefit office about true financial circumstances at the time benefit was claimed. For example, working whilst claiming Jobseeker’s Allowance or a failure to declare all savings knowing a higher amount would affect entitlement to the benefit received.
- Deliberately failing to tell the benefit office the true household circumstances. For example, living with someone but claiming benefits as a lone parent
- Using a false identity or using false documents to claim benefits. For example, using a false birth certificate so Child Benefit can be claimed.
- Deliberately not telling the benefit office about a change of circumstances knowing this would affect entitlement to benefit.
Interviews
If an individual is accused of benefit fraud, 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 a benefit fraud solicitor so that the precise alleged offence is ascertained and 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.
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.