Skip to content
St Pauls Chamber logoSt Pauls Chambers mobile logo
  • Home
  • Expertise
  • Our People
  • About
  • Blog
  • Contact
  • S
  • Find A Barrister
St Pauls Chambers mobile logo
  • Home
  • Expertise
  • Our People
  • About
  • Blog
  • Contact
  • S
  • Find A Barrister

Home / Fraud / Benefit Fraud

Benefit Fraud

Benefit fraud is a criminal offence. It is not the same as benefit overpayments which can arise for a variety of reasons.

BROWSE 

Barristers

Specialisms

Contact

CONTACT THE CLERKS

  • Jayne Drake

    Jayne Drake

    0113 2270703 Email
  • Matthew Taylor

    Matthew Taylor

    0113 2270706 Email
  • Kelly Staniforth

    Kelly Staniforth

    0113 2270705 Email

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.

St Pauls Chambers Building
Benefit fraud is not to be confused with benefit over-payment, although the two sometimes overlap. See below for the full criteria of benefit fraud.

Barristers

FILTER BY EXPERTISE

Please select on of the suggested variants.

QCs

  • Simon Bickler QC Head of Chambers

    Simon Bickler QC

    Call: 1998

    Silk: 2011

  • Nigel Sangster QC

    Nigel Sangster QC

    Call: 1976

    Silk: 1998

  • Richard Barraclough QC

    Richard Barraclough QC

    Call: 1980

    Silk: 2003

  • Simon Myerson QC

    Simon Myerson QC

    Call: 1986

    Silk: 2003

  • Bryan Cox

    Bryan Cox QC

    Call: 1979

    Silk: 2005

  • Jane Bewsey QC Associate Tenant

    Jane Bewsey QC

    Call: 1986

    Silk: 2010

  • Sam Green QC

    Sam Green QC

    Call: 1998

    Silk: 2015

  • John Harrison QC

    John Harrison QC

    Call: 1994

    Silk: 2016

There are no QCs suiting filter condition

Members

  • Jeremy Barnett- Barrister

    Jeremy Barnett

    Call: 1980

  • Philip Standfast

    Philip Standfast

    Call: 1980

  • Jonathan Sandiford

    Jonathan Sandiford

    Call: 1992

  • Nikki Saxton

    Nikki Saxton

    Call: 1992

  • Robert Smith

    Robert Smith

    Call: 1995

  • Derek Duffy

    Derek Duffy

    Call: 1997

  • Cameron Brown

    Cameron Brown

    Call: 1998

  • Alasdair Campbell

    Alasdair Campbell

    Call: 1999

  • Andrew Stranex

    Andrew Stranex

    Call: 2000

  • Denise Breen-Lawton

    Denise Breen-Lawton

    Call: 2000

  • James Bourne-Arton

    James Bourne-Arton

    Call: 2001

  • Avatar Small

    Sasha Bailey

    Call: 2002

  • Hal Watson

    Hal Watson

    Call: 2003

  • Danielle Graham

    Danielle Graham

    Call: 2003

  • James Lake

    James Lake

    Call: 2005

  • Helen Chapman

    Helen Chapman

    Call: 2006

  • Andrew Nixon

    Andrew Nixon

    Call: 2006

  • Avatar Small

    Hannah Hinton

    Call: 2008

  • Voldi Welch - Barrister at Law

    Voldi Welch

    Call: 2008

  • Angus MacDonald

    Angus MacDonald

    Call: 2009

  • Sophie Mitchell

    Sophie Mitchell

    Call: 2010

  • Hannah Lynch

    Hannah Lynch

    Call: 2011

  • George Hazel-Owram

    George Hazel-Owram

    Call: 2012

  • Stephen Flint

    Stephen Flint

    Call: 2012

  • Kristina Goodwin

    Kristina Goodwin

    Call: 2013

  • Ayesha Smart

    Ayesha Smart

    Call: 2014

  • Stephen Elphick

    Stephen Elphick

    Call: 2014

  • Frances Pencheon

    Frances Pencheon

    Call: 2015

  • Charlie Greenwood

    Charlie Greenwood

    Call: 2015

  • Jessica Heggie

    Jessica Heggie

    Call: 2017

  • Temitayo Oguntade

    Temitayo Dasaolu

    Call: 2018

  • Ayman Khokhar

    Ayman Khokhar

    Call: 2018

There are no Members suiting filter condition

Pupils

  • Harry Crowson

    Harry Crowson

    Pupil February 2019

There are no Pupils 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.

Expertise

Civil Law Criminal Law Public Law Regulatory Law
Family Law Fraud Personal Injury

Quick Links

  • Home
  • About
  • Barrister Recruitment

Leeds

0113 245 5866

Address

St. Pauls Chambers
Park Row House,
19-20 Park Row,
Leeds,
LS1 5JF
  • Terms & Conditions
  • Privacy
  • Pupillage Policy
  • Complaints
  • Disclaimer
  • Pricing Structure
  • Sitemap
© St. Paul's Chambers 2019 by That Web Look

Start typing and press enter to search

x symbol

Search

Please select on of the suggested variants.

Blog

The Latest News and Cases From The Chambers

Latest Posts

Case Studies

News

News

This Week at St Pauls Chambers – 06/12/2019

St Paul's Chambers December 6, 2019

Following a three week trial at Sheffield Crown Court Samuel Green QC instructed by the prosecution has secured convictions against two defendants who were charged …

Regulatory Law

FCA New Approach to Claims Management Regulation

Jeremy Barnett November 28, 2019

In April 2019, the FCA (Financial Conduct Authority) became the new regulator of Claims Management businesses (CMCs). At the same time, the Financial Ombudsman Service …

Regulatory Law

What is Toy Safety Law?

St Paul's Chambers November 27, 2019

As Christmas approaches and you may be shopping for toys as gifts, it’s important to be aware of toy safety regulations. Although your local authority’s …

x symbol

Find a Barrister

FILTER BY EXPERTISE

Please select on of the suggested variants.

QCs

  • Simon Bickler QC Head of Chambers

    Simon Bickler QC

    Call: 1998

    Silk: 2011

  • Nigel Sangster QC

    Nigel Sangster QC

    Call: 1976

    Silk: 1998

  • Richard Barraclough QC

    Richard Barraclough QC

    Call: 1980

    Silk: 2003

  • Simon Myerson QC

    Simon Myerson QC

    Call: 1986

    Silk: 2003

  • Bryan Cox

    Bryan Cox QC

    Call: 1979

    Silk: 2005

  • Jane Bewsey QC Associate Tenant

    Jane Bewsey QC

    Call: 1986

    Silk: 2010

  • Sam Green QC

    Sam Green QC

    Call: 1998

    Silk: 2015

  • John Harrison QC

    John Harrison QC

    Call: 1994

    Silk: 2016

There are no QCs suiting filter condition

Members

  • Jeremy Barnett- Barrister

    Jeremy Barnett

    Call: 1980

  • Philip Standfast

    Philip Standfast

    Call: 1980

  • Jonathan Sandiford

    Jonathan Sandiford

    Call: 1992

  • Nikki Saxton

    Nikki Saxton

    Call: 1992

  • Robert Smith

    Robert Smith

    Call: 1995

  • Derek Duffy

    Derek Duffy

    Call: 1997

  • Cameron Brown

    Cameron Brown

    Call: 1998

  • Alasdair Campbell

    Alasdair Campbell

    Call: 1999

  • Andrew Stranex

    Andrew Stranex

    Call: 2000

  • Denise Breen-Lawton

    Denise Breen-Lawton

    Call: 2000

  • James Bourne-Arton

    James Bourne-Arton

    Call: 2001

  • Avatar Small

    Sasha Bailey

    Call: 2002

  • Hal Watson

    Hal Watson

    Call: 2003

  • Danielle Graham

    Danielle Graham

    Call: 2003

  • James Lake

    James Lake

    Call: 2005

  • Helen Chapman

    Helen Chapman

    Call: 2006

  • Andrew Nixon

    Andrew Nixon

    Call: 2006

  • Avatar Small

    Hannah Hinton

    Call: 2008

  • Voldi Welch - Barrister at Law

    Voldi Welch

    Call: 2008

  • Angus MacDonald

    Angus MacDonald

    Call: 2009

  • Sophie Mitchell

    Sophie Mitchell

    Call: 2010

  • Hannah Lynch

    Hannah Lynch

    Call: 2011

  • George Hazel-Owram

    George Hazel-Owram

    Call: 2012

  • Stephen Flint

    Stephen Flint

    Call: 2012

  • Kristina Goodwin

    Kristina Goodwin

    Call: 2013

  • Ayesha Smart

    Ayesha Smart

    Call: 2014

  • Stephen Elphick

    Stephen Elphick

    Call: 2014

  • Frances Pencheon

    Frances Pencheon

    Call: 2015

  • Charlie Greenwood

    Charlie Greenwood

    Call: 2015

  • Jessica Heggie

    Jessica Heggie

    Call: 2017

  • Temitayo Oguntade

    Temitayo Dasaolu

    Call: 2018

  • Ayman Khokhar

    Ayman Khokhar

    Call: 2018

There are no Members suiting filter condition

Pupils

  • Harry Crowson

    Harry Crowson

    Pupil February 2019

There are no Pupils suiting filter condition

x symbol

Expertise

SEARCH

Please select on of the suggested variants.

FILTER

A B C D E F G H I L M N O P R S T V
A
Actions Against The Police Admissions Appeals Adoption Law Advance Fee Fraud Asset Forfeiture Asset Recovery
B
Banking and Insurance Fraud Benefit Fraud Boiler Room Fraud Bribery Law Business Regulation
C
Care Proceedings Care Quality Commission Carousel Fraud Catastrophic Injury Chancery Law Charity Fraud Charity Regulation - The New Fundraising Regulator Child Law Civil Law Claims Management Regulation Clinical Negligence Cohabitation Laws Commercial Disputes Commercial Law Company Directors Disqualification Competition Law Consumer Protection Law Contract Law Copyright Fraud Corporate Fraud Corporate Manslaughter Counterfeit Goods Court Martial Court of Protection (Public Law) Court of Protection (Family Law) Credit Hire Claims Criminal Law Crowdfunding Regulation Cryptocurrency
D
Defamation Law Deprivation of Liberty Safeguards Drug Crime Law
E
Education Law Entertainment Licence Environmental Law (Criminal Law) Environmental Law (Regulatory Law)
F
Family Arbitration Family Law FCA Regulation Field Sports Financial Remedy Food Fraud Food Hygiene Law Food Safety Law Fraud Freezing Orders Fundraising Regulator
G
General Data Protection Regulation
H
Harassment Law Health and Safety Law (Criminal Law) Health and Safety Law (Regulatory Law) Health and Welfare Healthcare Professional Discipline High Risk Investments
I
Industrial Disease Inheritance Act 1975 Inheritance, Wills and Probate Inquests Insolvency Law International Family Law Investment Fraud
L
Licensing Law Local Authority
M
Maintenance Pending Suit Media and Communications Mediation (MIAM) Money Laundering Mortgage Fraud Motoring Fraud Motoring Offences
N
NHS Performers List
O
Occupational Disease
P
Personal Injury Police Discipline Police Law Police Public Law Police Regulatory Law Pre-nuptial Agreements Prison Law Private Law Children Property and Affairs Public Law
R
Regulatory Law Representing Police Forces RSPCA Prosecution
S
SFO Investigation Solicitors' Disciplinary Tribunal Special Education Law Sports Law (Civil Law) Sports Law (Personal Injury)
T
Tax Law Terrorism Law Toy Safety Trademark Law Trading Standards Trading Standards Law Trading Standards Prosecutions Traffic Commissioners Public Inquiries Training and Legal Support Tribunals Trust Law
V
VAT Fraud
x symbol

About

  • About Us
  • Our People
  • The Roger Scott St Pauls Trust
  • Wellbeing at the Bar
  • Policy Documents
  • Complaints Procedure
  • Facilities
  • Pupillage
x symbol
Scroll to Top