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The government recently increased its funding and instructed agencies to take on increased numbers of Specialist Investigators in order to recover overpaid benefits. With additional fraud investigators now taking on cases involving suspected benefit fraud, the number of proceedings and allegations of benefit fraud offences are likely to rise.
Anyone in receipt of any form of state benefit can be subjected to proceedings and could ultimately face benefit fraud allegations. One of the most common areas of investigation arise where individuals have failed to disclose a change in their personal financial circumstances - for example, failing to update the government when they get another part time job, do cash-in-hand work, or when someone else moves into their address.
In any of these circumstances, you may be accused of benefit fraud and charged with a criminal offence. In such cases, it is vital to speak to experienced benefit fraud solicitors at your earliest opportunity. The team at Tyler Hoffman has a wealth of experience and a track record of success in defending benefit fraud cases, and our specialist solicitors can support you through an investigation and any criminal proceedings that arise as a result. With the right benefit fraud legal advice and representation, it may be possible to avoid prosecution, defend any allegations and present mitigating factors that will minimise the associated penalties.
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If you are facing an investigation from Department of Work and Pensions (DWP) fraud investigators, or have been accused of benefit fraud or a related offence, you need legal representation and specialist advice from an experienced fraud solicitor. Tyler Hoffman's criminal defence team delivers services underpinned by the following tenets:
Taking legal advice at an early stage of the proceedings means your solicitor can access and examine all the evidence that is available, and structure your defence in the strongest possible terms. Contact Tyler Hoffman Solicitors today for expert legal advice and criminal defence services relating to benefit fraud allegations.
Benefit fraud is prosecuted under various pieces of legislation, and the relevant charges will depend on the nature of the offence. Our experienced benefit fraud solicitors can discuss your circumstances and the relevant evidence to help you anticipate whether charges will be brought and begin to prepare a defence. These charges may be brought under either the Fraud Act 2006, which covers any deliberate dishonesty used to obtain benefits, including providing false information or failing to report a change in circumstances. Alternatively, charges are also possible under the Social Security Administration Act 1992, which contains offences specific to social security benefits. Behaviours could include knowingly making false statements or failing to notify a change that affects entitlement.
The decision of whether to ultimately bring charges belongs to the investigating authority, which could include the Serious Fraud Office or the DWP. Benefit fraud offences can be prosecuted summarily in the Magistrates' Court or on indictment in the Crown Court, depending on the seriousness and the amount of money involved. Alternatively, investigators may decide that your actions are not necessarily fraud, but still warrant charges under a different piece of legislation.
It can help to understand some common examples of actions that would constitute benefit fraud.
Any of the above can be seen as committing benefit fraud, even if you engage in these behaviours by accident or without the intent to defraud. You should seek expert advice from a benefit fraud solicitor if you are alleged to have done any of the above, or if you are subject to a benefit fraud investigation.
An investigation into alleged benefit fraud could be carried out by the Department for Work and Pensions, local authorities, HM Revenue and Customs or some combination of these organisations. When investigating benefit fraud, they may carry out surveillance, examine financial records and conduct interviews under caution. If fraud is suspected, the case may lead to a criminal prosecution. If you are asked to attend a benefit fraud interview during an investigation, you should seek legal representation and have a solicitor attend the meeting with you to help you avoid self-incrimination.
A conviction for benefit fraud can result in a criminal record, a fine, a community order or, in the most serious cases, imprisonment. There may also be administrative penalties, such as the need to pay back any overpaid benefits, and civil penalties, depending on the nature of the offence you are charged with and whether you plead guilty or are found guilty of benefit fraud. Defences and mitigating factors can both be raised in these cases, but a solicitor can help you to determine which approach is in your best interests.
The maximum penalties include up to 10 years imprisonment under the Fraud Act 2006, although this is reserved for serious cases like large-scale or repeated fraud. Other potential consequences include the loss of your benefits or restrictions on future claims, and damage to your reputation and employability in some positions - particularly those with financial responsibility.
Seek expert advice from the experienced benefit fraud solicitors at Tyler Hoffman. Call us today on 03300 536786 or use the contact form below to send us your details.
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