Prosecuting Welfare And Health Fraud Cases

If the defence is lack of dishonesty or knowledge due to the Defendant’s belief that these rules applied, further evidence may be required on the application of the rules, what was explained to the Defendant and what was declared in the Defendant’s dealings with the Department. Any decision to advise DWP FES or SFIS to offer a caution or administrative penalty must be approved before it is communicated to FES or to the defence. HMRC officers have no statutory authority to offer administrative penalties under Section 115A of the SSAA 1992.

Advocates are advised to put the case back in the list to enable a discussion to take place. The appropriate telephone contact number or secure email address will be on the prosecution file. Provides an overview of welfare and health fraud case-law and procedures. Three Dorset Police officers are reprimanded by bosses and told to ‘reflect on their involvement’ after… Goldwein predictedthe new boost in payments could make Social Security insolvent one year earlier, by 2032.

If the individual is subsequently prosecuted for another benefit offence, the administrative caution may be cited in court. Income Support is a means-tested benefit and is paid to people on the grounds of low income. Those otherwise disqualified from receiving other benefits (e.g. as a result of convictions for benefit fraud) can qualify. CPS guidance on mode of trial will apply where offences are charged contrary to the general criminal law.

The individual has the option to accept the administrative penalty and a period of 14 days to reconsider their decision. In the event of the individual declining to agree to pay an Ad-Pen, criminal proceedings should be brought unless exceptional circumstances apply, for example, the person’s health deteriorates dramatically before proceedings can be instigated. In a Section 112 offence the evidence is sufficient as soon as the investigator establishes that, for the purpose of obtaining benefit for himself or another, the defendant made a statement or representation which he knew to be false. The evidence is likely to be sufficient at the close of the investigation into the facts and before any assessment is made of the effect of the false representation on entitlement to benefit.

He leads the Senior Leadership Team who support him in his responsibilities. Provides support for the extra costs that a child with a disability might have. Support if you have a disability or long-term health condition that affects your everyday life. The Scottish Government has established Social Security Scotland to administer these benefits.

The overpayment decision procedure is entirely separate from the criminal investigation. The Regulation of Investigatory Powers Act enables DWP and LAs to authorise directed surveillance where necessary and proportionate for the purposes of preventing or detecting crime. Surveillance is commonly used to ascertain whether a partner is “living with” the claimant. Directed Surveillance is undertaken by DWP and HMRC tax credit investigators, pursuant to Section 28 of the RIPA 2000. To ascertain whether a criminal offence connected with a claim to benefit /tax credit has been committed.

If a case received directly from a local authority under an SLA contains tax credit information, prosecutors should satisfy themselves that the tax credit information on file was obtained using one of the following Gateways. An overpayment of a social security welfare benefit cannot be offset with a notional entitlement to tax credits (R v The Secretary of State for Work and Pensions EWHC 371, QBD). The SSAA 1992 does not allow the DWP to delegate the function of determining the sufficiency of evidence date or issuing Section 116 SSAA certificates in respect of DWP benefit offences to LA officers. This applies in all cases where an LA officer has investigated DWP offences and includes where the LA investigator is authorised under Section 109A of the SSAA and acting as service provider to the DWP as part of SFIS.

Where the LA officer is acting as part of a joint investigation, with DWP leading that investigation a judicial authority would not appear necessary. Where, however, the LA conducts or leads the investigation , any authorisation for directed surveillance has to be approved by order of the judicial authority under Section 32A of the RIPA 2000. Where DWP, HMRC and LA investigators are carrying out a joint investigation / operation involving directed surveillance, only one authorisation by the lead organisation under the Regulation of Investigatory Powers Act is obtained. The Surveillance Commissioner has confirmed that this continues to apply after November 2012 when Section 38 of the Protection of Freedoms Act 2012 came into force. Advocates must not agree to a disposal by way of simple caution or other out of court disposal unless requested or authorised to do so by the reviewing prosecutor, who can only do so with approval. All decisions to amend, withdraw or substitute charges or to accept a guilty plea on a basis different to that alleged in the summary of facts on the prosecution file must be referred to and made by the reviewing prosecutor.

All content is posted anonymously by employees working at Social Security Administration. Budgeting Loans will continue to be available until Universal Credit is fully rolled out. As people migrate across to Universal Credit they will have access to a new system of Budgeting Advances that will replace Budgeting Loans for Universal Credit recipients. Payments from the RSF are based on people satisfying the qualifying rules which are laid down in regulations.