Are you due to be INTERVIEWED UNDER CAUTION? or have been SUMMONSED or CHARGED with a benefit fraud offence?
If yes then our specialist solicitors may be able to help. Call now on 0333 011 0515 and speak to our solicitors for free advice on what you can do next. Our Lines Are Open 24 HOURS A DAY.Benefit Fraud
Two ways to commit fraud
There are two ways that DWP allege benefit fraud benefit fraud: -
Being Dishonest in Order to Get Benefits
What is dishonest - how do they prove I was dishonest?
There are two aspects to every criminal offence: -
- the act [of making a claim which contains untrue statement]
- the intention to declare something that is not true to get benefits.
Declaring something that is not true or correct in itself is not an offence, the prosecution / investigators have to prove beyond reasonable doubt that the claimant knew that there was a lie told on the form to [more] benefits when the form was signed [not after the fact].
If the claimant shows that the mis-statement of financial or other circumstances or capabilities was factually true or was misstated by error or mistake on the claim form, no criminal offence is committed.
The prosecution / investigators have to prove that the mis-statement was deliberately made to gain. The defence do not have to prove anything or give evidence or answer questions in an interview under caution. Proving that a claimant deliberately lied on an application form beyond a reasonable doubt is far harder to do.
What is said in an interview under caution is crucial.
If investigated for DLA fraud, you will need a solicitor to represent you as there are custodial sentences for benefit fraud.
If you are being investigated, due for an interview undercaution or at court then you can call MJP solicitors on 0333 011 0515 for advice and to arrange representation from a solicitor.
Intentionally Not Reporting a Change
Intentionally means deliberately - knowing that there are facts that should reported because they affect the benefits paid.
If circumstances change that means that you knew that benefits would be reduced, the criminal offence is not to report the change of circumstances and to continue to receive the benefit at the relevant rate.
The prosecution have to prove that the circumstances, whether financial or capabilities have changed and that the claimant knew that they had changed and that they knew that they should be reported. Proving that the claimant deliberately did not inform DWP about change of circumstances beyond a reasonable doubt is harder to do.
A criminal offence can only be committed if you deliberately lied on the form [the relevant date being the date of the form] or if deliberately did not tell DWP that your capabilities, such as walking or other outdoor activities had improved.
In practice, improvements in capabilities are seen by DWP investigators when a claimant is out doors. The other types of disability generally are not susceptible to surveillance.
What is said in an interview under caution is crucial.
If you are being investigated for DLA Benefit Fraud it is important to be represented by a solicitor. Being found guilty of benefit fraud can involve custodial sentences so it is important to understand what is being said especially at an DWP interview under caution.
MJP solicitors are available on 0333 011 0515 to arrange representation and offer advice for DLA fraud matters.
What Benefits Can Be Stopped?
The benefits below are assessed for eligibility on: -
- statement made on a claims form [ under declaration of truth] and
- continue to be paid until there is a reported change of circumstances.
The following benefits can be reduced or stopped if benefit fraud is suspected or proved: -
- Carer's Allowance
- Incapacity Benefit
- Income Support
- Jobseeker's Allowance
- Severe Disablement Allowance
- Housing/Council Tax Benefit
- Pension Credit
- Universal Credit
- Working Tax Credit
- Attendance Allowance
- Bereavement Payment
- Child Benefit
- Child Tax Credit
- Christmas Bonus
- Council Tax Benefit
- Disability Living Allowance
- Graduated Retirement Benefit
- Guardian's Allowance
- Personal Independence Payment [new DLA]
- State Pension
- Social Fund Payments
- Health in Pregnancy Grant
- Maternity Allowance
- Statutory Adoption Pay
- Statutory Maternity Pay
- Statutory Paternity Pay
- Statutory Sick Pay
get advice.
For further information and advice speak to one of our specialist solicitors today by using the details below or by clicking here to fill in out our enquiry form and we will get back to you.
24 Hour Line: 0333 011 0515