Social Security Policy And Guidance

Starting in April 2013, DWP, with its delivery partners in HMRC and local authorities, introduced Universal Credit to claimants within certain areas as a pathfinder stage. Changes contained in the Welfare Reform Act 2012 mean that certain elements of the discretionary Social Fund scheme were abolished in April 2013. New locally based provision will be delivered by local authorities in England and devolved to the Governments of Scotland and Wales. Pension Credit is paid to people aged over 60 years of age and is awarded to ensure that pensioners have a guaranteed level of income above the basic state pension. People cannot usually receive JSA if they are in full-time paid employment.

The sufficiency of evidence date should normally be the date the last piece of essential evidence became available to the Secretary of State. Where a person is convicted of an offence under Section 111 and the refusal or neglect is continued by him after his conviction, he shall be guilty of a further offence and liable on summary conviction to a fine not exceeding £40 for each day on which it is continued. The maximum penalty for an offence under Section 111 of the SSAA is a fine not exceeding level 3 on the standard scale. The defendant caused or allowed to fail to promptly notify the change of circumstance in the prescribed manner to the prescribed person. The defendant failed to give prompt notification of that change in the prescribed manner to the prescribed person.

I needed to find out if a person has been on SSI disability for about 7 years or so guessing, 48 years old. She has medicade which is fine except for a few things Medicade don’t cover which is eye exam and glasses, for adults, hearing, or dentures. I heard some people talking about Medicare advantage plan, but it’s got to be I believe a certain kind of disability!

Benefit Security Division within the Department, has the overall responsibility for detecting and investigating benefit fraud and error. IS can be paid in addition to other benefits to top up income to a certain level. After serving a specified waiting period mortgage payments and other housing costs can be met in a claim for IS. Section 201 of the Act permits the Secretary of State for Health to disclose information for the purposes of any criminal investigation or criminal proceedings. This provision enables information to be disclosed to the Director of Public Prosecutions for the purposes set out in the assignment referred to above. The majority of NHS prosecutions will be brought under the general criminal law.

The Forgery and Counterfeiting Act 1981, Identity Documents Act 2010 and Identity Cards Act 2006, where a forged document has been presented in support of a claim for benefit or in support of an application for a National Insurance Number. The point to take away from the conflicting case law on this issue is that each case should be considered on its own facts and the investigator must make the decision on sufficiency of evidence at the first available opportunity, and must not delay doing so. Where the case includes a number of offences , the sufficiency of evidence date must be considered separately for each offence. The closing date for a Section 112 of the SSAA offence will usually be the date DWP/LA became aware of the change and suspends or ceases to pay benefit, but it will depend on the facts of the case.

The appropriate telephone contact number or secure email address will be on the prosecution file. 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. Goldwein predictedthe new boost in payments could make Social Security insolvent one year earlier, by 2032. Social Security is due to run out of money in its trust fund by 2033, at which point it will only be able to hand out the funds it earns from workers – roughly 76% of benefits. Social Security is already doling out more money to retirees than it is taking in in payroll taxes, a problem made worse by the coronavirus pandemic taking tens of millions of people out of the workforce.

Section 111A – a person other than the recipient of the claimant’s benefit dishonestly causing or allowing the recipient to fail to promptly notify a change in circumstances affecting the claimant’s entitlement to benefit. Review is a continuing process and prosecutors must take account of any change in circumstances that occurs as the case develops. If a case is to be stopped, care should be taken when choosing the method of termination. The points to prove section in the Legal Guidance on prosecuting benefit and tax credit fraud offences set out the constituent elements of the most commonly used Social Security offences and cite the governing case law. The points to prove section in the Legal Guidance on Fraud set out the points to prove for Fraud Act 2006 offences. Both Section 111A of the SSAA 1992 and the Fraud Act 2006 require the prosecution to prove that the defendant acted dishonestly.

Local Authority officers participating in and investigating as part of the SFIS pilots will be expected to apply DWP policy on simple cautions. An Administrative penalty of £350 can be issued where the offence did not result in an overpayment. The Administrative penalty under Section 115A of the SSAA 1992 must be paid in addition to repaying any overpayment.