Our Crime & Regulatory team explains what a DWP benefit fraud investigation could involve, and what you should do if you are accused of it.
There are a variety of benefits that the Department of Work and Pensions (DWP) provide. As a result, there are many types of claimants who DWP can look to investigate for potentially wrongful claims.
A benefit fraud investigation can either arise through analysis of the DWP’s data, or a third party may report someone they believe to be committing benefit fraud.
What is classed as benefit fraud?
Benefit fraud is when a person claims benefits they are not entitled to. Faking an illness to get access to additional funds, a change in circumstances or giving false information on forms are common examples of benefit fraud. Many people get caught out by failing to notify the DWP of a change in circumstances because they believe that it was immaterial to the claim.
What can the DWP investigate?
When pursuing a benefit fraud investigation, the DWP has the freedom to question the validity of all kinds of benefits they offer, so long as they have reason to believe something is not right.
These include:
- Job Seekers Allowance (JSA)
- State pension
- Pension Credit
- Universal Credit
- Employment and Support Allowance (ESA)
- Personal Independence Payment (PIP)
- Disability Living Allowance (DLA)
- Bereavement benefits
- Maternity allowance
- War pensions paid by the Veterans’ agency
Usually, it will be the DWP who makes direct contact in relation to a benefit fraud investigation. Depending on the benefits in question, it may be HMRC, the Service Personnel and Veterans Agency, or the local authority who contact you instead.
The DWP often undertake weeks of undercover surveillance in support of their investigation and may even speak to your employers without your consent.
Voluntary Interview
In any of the above instances, those suspected of committing benefit fraud will be invited to a voluntary interview.
Don’t be fooled by the ‘voluntary’ aspect. While a voluntary interview may seem informal in a job centre or council office setting, remember that you remain under investigation, just as if you were being questioned by the police.
These interviews are formal and crucial to gathering any evidence for the investigation. With this in mind, it is imperative to seek legal advice if invited to a voluntary interview.
I have been invited to a voluntary interview. What now?
The first thing to do is to contact a solicitor.
Remember, asking to speak with a solicitor does not make it look like you are guilty.
You can ask for the solicitor to be with you during the interview if you would like. We will discuss this all with you before the interview so you are fully aware of your rights and options.
Do I have to pay for legal representation?
If invited to the police station for the interview, you would be able to receive free legal advice from the duty solicitor. When the interviews are conducted external to a police station, such as at a job centre, you would have to pay for the representation. Costs will vary between solicitors and their levels of seniority.
How long does a DWP investigation take?
It completely depends on the severity of the case. After your voluntary interview, fact-finding will continue, and only when a decision has been agreed on by the DWP will you be informed of the outcome.
They will try to process the investigation as quickly as they can, but as with everything, there is only so much resource to do so.
You will be contacted by the DWP once they have reached a decision.
Will I face criminal charges?
You will be informed of the next steps of the process if there is a guilty verdict. This can include:
- A police caution
- Having to pay back overpaid money
- Having your benefits stopped altogether
- Administrative penalties or cautions
- Prosecution in court
Alternatives to Prosecution
If there is a successful prosecution in court, it will lead to a criminal conviction, a fine, risk of imprisonment or community-based punishment. Your solicitor will discuss all possible outcomes with you and will be with you throughout the entire process.
In some cases, the Department of Work and Pensions may issue a fine in place of prosecution. This is particularly common when a person has been overpaid due to failure to update details or omission of information
A penalty may be payable in addition to paying back any overpayments.
Local Authorities also have the power to offer administrative cautions.
False accusations of benefit fraud
It is sadly common for people to report others of benefit fraud maliciously. False claims of benefit cheats are rife, but none of them result in convictions. This is due to lack of evidence. If there is not enough evidence to back up an allegation, the prosecution will not proceed.
What should I do if the DWP contact me?
The voluntary interview is conducted in accordance with PACE. It is highly advised that you have a solicitor with you to explain your options and obtain explanations from the authorities before the interview begins.
If you have been contacted regarding an interview about a benefit fraud investigation, call us on 0161 969 3131 or fill in our confidential contact form and we’ll be in touch.