Benefit Fraud

Berkeley Square Solicitors Benefit Fraud Prosecution Discontinued

Following written representations from our private client department, the CPS have agreed to discontinue fraud proceedings against our professional client who remains a person of good character.

The case was unusual in that the allegation concerned a loss to the DWP of in excess than £30,000 and assertions made on our clients behalf that the prosecution amounted to an abuse of process. Negotiations were conducted by Roger Sahota.

If you require advice in connection with a fraud investigation, please contact our private client department.

DWP Announces That Maximum Administrative Penalty To Rise To £5000

DWP Announces That Maximum Administrative Penalty To Rise To £5000

DWP Announces That Maximum Administrative Penalty To Rise To £5000

Enforcement agencies investigating benefit fraud will now have more flexibility in deciding whether or not to prosecute those accused of benefit fraud.

The DWP has announced plans to more than double the maximum administrative penalty that can be offered as an alternative to prosecution for benefit fraud.

SFIS takes over Benefit Fraud Investigations

Continuing our series on thr latest Benefit Fraud Law updates we report on the work of the SFIS, the Government agency that has taken over conduct of all Benefit Fraud investigations.

Until last year, the HM Revenue and Customs (HMRC) were responsible for investigating and prosecuting fraudulent tax credit claims credits while the Department for Work and Pensions (DWP) and local authorities are responsible for fraudulent social security benefit claim cases.

Under new Government proposals since 2015 all these cases are to be handled by a new agency, the Single Fraud Investigation Service (SFIS).

The SFIS is a partnership between DWP Fraud Investigation Service, HMRC and local authorities. All three organisations will work closely together to deliver a service where a single investigation covers all welfare benefit fraud allowing SFIS to make more efficient use of its resources at its disposal.

It has taken quite a while for the SFIS to come to life. In 2011 it was agreed that there would be a first pilot. In 2013, 4 pilots were launched in order to find the best delivery model in Corby Borough Council, Glasgow City Council, London Borough of Hillingdon and Wrexham Council.

The objectives of the new SFIS are:

·      To ensure all fraudulent claims of social security and tax credits are be investigated according to a single set of guidelines and priorities.

·      To create a more coherent investigation service that is joined up, efficient and operates in a more consistent fair manner.

·      To conduct single investigations.

·      To fuse together expertise.

There are concerns as to whether SFIS would be able to achieve its main aim to address multiple frauds together in single investigations and prosecutions, especially if it is rolled out before the Universal Credit scheme is.

SFIS was rolled out from October 2014 through to March 2016. Prosecutions arising from SFIS will be conducted by the Crown Prosecution Service in England and Wales.

For more information read our dedicated Benefits Fraud page.  

Client Guide to Benefit Fraud Interviews

Client Guide to Benefit Fraud Interviews

Our guide has been prepared  in response to concerns raised by many of our clients at advice they have been given not to attend this process - we would urge potential clients to be wary if they are given such instructions.

What Happens During An Investigation?

The first time you will be aware of the investigation is when the DWP, local authority or other agency write to you asking you to attend an interview.