Prosecuting Welfare And Health Fraud Cases

The claimant is required to repay the full amount of the overpayment irrespective of how the criminal case has been concluded (e.g. the defendant will have to repay the entire overpayment even if the prosecutor accepts a basis of plea on quantum). A refusal to comply with a request for information under these provisions is a criminal offence under Section 111 of the SSAA – see offences below. Referral to the CPS to consider prosecution is reserved for the more serious cases. CPS prosecutors take appropriate account of DWP enforcement policy when applying the Public Interest Test. Apply an administrative penalty under Section 115A or Section 115B of the SSAA 1992.

Neither Section 115A nor Section 115B of the SSAA1992 apply to tax credits. If a case is not referred to the CPS, DWP have discretion to refer a tax credit case to HMRC for HMRC’s own civil penalty policy to be applied. 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).

Following the abolition of Council Tax Benefit local rebate schemes called Council Tax Reduction Schemes have been operated by local authorities since April 2013. There is a higher rate and a lower rate, the rules of which are similar to those for the highest and middle rates of Disability Living Allowance – care components. Attendance Allowance is paid to people who are physically or mentally disabled, State Pension age or older and have attention or supervision requirements.

In most cases people are required to attend a medical examination with a doctor or other approved medical practitioner from the DWP Medical Services. As with investigation costs, Compensation orders and payments should not be made payable to the CPS – incorrect orders will cause an accounting error. Full deals of the amount of compensation to be claimed and to whom payments should be made will be included in the file. The NHSCFA has its own accredited financial investigators undertaking financial investigations.

Free legal advice should be available if the suspect is under arrest and detained at the police station. Claimants often assert at interview that they thought that they could work for a given number of hours each week, or earn a specified amount of money without it affecting their entitlement to benefits. Evidence of hours/pay exceeding this self-imposed limit will often rebut this point, so will evidence demonstrating what was explained to the claimant. The overpayment letter that is sent to a claimant should state that any overpayment recovery action taken by the Department does not preclude the Department from taking any other action, including criminal proceedings, against the claimant.

Local authorities in respect of benefit offences within the meaning of Part VI Act 1992 where the Director has agreed to prosecute the Local Authority cases . In England and Wales, a conviction for an offence of conspiracy to defraud at common law will automatically trigger the three year reduction of benefit sanction. Where a financial investigation has been conducted, confiscation proceedings and prosecution costs are dealt with by way of a confiscation hearing in the Crown Court. This takes place after a guilty plea or verdict and in conjunction with sentencing. Sentencing may in some circumstances be delayed until the financial hearing takes place. Advocates should note that compensation payments must be made payable to the DWP in DWP investigated cases and not to the CPS.

You are now leaving medicareresources.organd will continue to shop for Medicare plans with our partner, eHealth, a non-government website. Citizens Advice Scotland welcomes the opportunity to provide evidence on the Bill. The Bill provides an opportunity to make minor amendments to address issues which have been identified since the passage of the Social Security Act 2018, including making provision for the introduction of the Scottish Child Payment. CAS welcomes the Bill and is broadly content with its provisions, although there are a number of areas that the Committee may wish to consider in its scrutiny. An annual payment for 16, 17 and 18 year olds who give care to someone else. An extra payment for carers in Scotland who already get Carer’s Allowance on a particular date.

E.g. unreported improvement in mobility or reduced care needs , unreported improved capacity to work etc. For the purposes of a drive-by, car registration details are not considered as private information. Refer the case to the CPS or to LA prosecutors for a decision whether to prosecute. The DWP enforcement policy applies in all DWP FES, joint DWP/HMRC/LA investigations where DWP leads the investigation and to all SFIS investigations. The investigation should establish whether and how the claimant failed to do these things.

Whilst it remains possible to charge a false accounting offence after the introduction of SSAA 1992 and the Fraud Act 2006, it will generally be more appropriate to charge Section 111A of the SSAA or sections 1 and 2 of the Fraud Act 2006 for dishonest false representations. A risk of prejudice could be expected to weigh heavily in favour of an adjournment pending the conclusion of the criminal proceedings, but would not necessarily be decisive. Should the civil proceedings conclude prior to the criminal proceedings, the former would not bind the latter. 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.