Benefit Fraud

Local Authorities, the DWP or the Revenue can start investigations into claims for benefits for a number of reasons. Often, data matching exercises with local and national agencies simply flag benefit claimants up where anomalies are identified, for example, a substantial amount of interest being received where no capital or bank accounts have been disclosed. Benefit claimants in these circumstances will not usually been informed straight away about enquiries being made, but will be contacted in relation to attending an interview under caution. In some circumstances, where it is believed the fraud is of a larger scale, the police can get involved with the initial arrest, property search(es) and interview. 

If accused of fraud, you should seek urgent advice from specialists before taking any action or making any statements. Defending against allegations of benefit fraud made by the Local Authority, DWP or other investigating body requires particular expertise. These matters often involve concurrent criminal and civil proceedings; an impending criminal prosecution and a civil appeal against the overpayment amount. At Johns & Saggar, we have an in depth understanding of the relationship between these proceedings, which is of paramount importance in the preparation of your case. 

We have a strong record of negotiating alternatives to prosecution where matters are at the investigation stage, and in successfully defending against allegations of benefit fraud where prosecutions have followed. 

We regularly advise our clients concerning the challenging of overpayments and, with the help of the foremost welfare benefits experts in the country, we are often able to demonstrate the errors in overpayment calculations made by the Local Authority/DWP. Our pro-active approach has led to acquittals where it has been established monies are not recoverable in law, and avoiding a prison sentence where the overpayment amount has been challenged and established in fact to be significantly lower than originally alleged.  

Please click on the link for the 'How to Deal with a Benefit Fraud Interview Leaflet'