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What you need to know about benefit fraud investigations

Wednesday, 24 March 2021

Benefit fraud is a criminal offence, and any allegations of benefit fraud are investigated thoroughly. The consequences of committing such a crime are potentially very serious; from your benefits stopping to imprisonment. This article will focus on five common questions related to a benefit fraud investigation, including:

If you would like to discuss your circumstances with a criminal defence solicitor, get in touch via the online contact form here.

What is a benefit fraud investigation?

You could be investigated for benefit fraud if you fail to report a change in your circumstances that would impact your benefits, or you provide false information.

In order to prove that you have committed benefit fraud, there must be evidence that you deliberately withheld information or knowingly gave incorrect details. It is therefore unlikely that an offence of benefit fraud has been committed if your actions were unintentional.

While the investigation is ongoing, the benefits that you receive may be stopped. As such, you must notify the Department for Work and Pensions (DWP) of any changes as soon as possible to avoid investigation and any interruptions to your benefits.

How do I know if I am being investigated for benefit fraud?

Many people are unaware they are being investigated for benefit fraud, particularly in the early stages. It is not always clear that an investigation is happening until you are notified by post, telephone or email.

If you receive notice from the DWP, HMRC, Social Security Scotland or your local authority, then it is reasonable to assume that initial investigations have already been carried out. This could include the following:

  • Surveillance using video or camera
  • Interviewing people in your local area
  • Analysing any evidence submitted by the people who reported you
  • Examining your bank accounts

You should instruct the help of a legal professional as soon as you learn that you are being investigated for benefit fraud to ensure that you have a robust defence strategy in place.

Will I be interviewed if I am investigated for benefit fraud?

An interview invitation can be one of the first indications that you are being investigated for benefit fraud. This interview will be conducted by fraud investigation officers and is usually called an ‘interview under caution’.

Similar to a police interview, a benefit fraud interview will be recorded, and you will be allowed to have a solicitor present. The interview is a formal process, with anything you say being added to the case. As such, it is always recommended to obtain legal advice in advance of the interview.

What happens after a benefit fraud investigation?

There are a number of possible outcomes once the investigation is completed, such as:

  • Paying back any overpaid money
  • A reduction to your benefits
  • Your benefits stop
  • A report is submitted to the Procurator Fiscal, and you are taken to court
  • The DWP decide there is no evidence of fraud and stop the investigation with no further action taken

When a report is sent to the Procurator Fiscal, they will decide whether or not to proceed with a criminal case against you. If they decide to prosecute, you will be sent a document called the ‘complaint’, which details what you have been accused of.

Benefit fraud cases are treated very seriously by the courts and, if you are convicted of the crime, you could face imprisonment. The outcome and possible sentence will be dependent on various factors in your case, including previous convictions (especially those linked to crimes of dishonesty), how much you were overpaid, and the nature of the offence (for example, if the documents were forged).

What happens to my benefits?

Your benefits can be stopped or reduced if you have committed benefit fraud. This is typically referred to as a ‘sanction’. This can only happen to certain benefits, including:

  • Carer’s Allowance
  • Employment and Support Allowance
  • Housing Benefit
  • Income Support
  • Industrial Death Benefit
  • Jobseeker’s Allowance
  • Severe Disablement Allowance
  • Universal Credit
  • War Pension Unemployability Supplement
  • Working Tax Credit

It’s important to note that there are benefits that cannot be reduced or stopped due to a benefit fraud offence, such as child benefits and statutory sick pay. You can see the full list of benefits that are exempt here.

Contact our Benefit Fraud Lawyers in Glasgow, Scotland

At Keith J Tuck Solicitors, we have extensive experience in criminal defence and in particular, fraud cases. We can use our expertise to help you, regardless of how complicated your case may be.

If you have been accused of benefit fraud or believe that you are being investigated by the DWP, do not hesitate to get in touch with the benefit fraud defence team at Keith J Tuck Solicitors on 0141 471 9296 or complete our online enquiry form.

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