Benefit Fraud Solicitors

The penalties for committing benefit fraud can be severe, and it is vital to seek legal advice at your earliest opportunity if you are facing benefit fraud allegations. If you or your business have been accused of committing either benefit fraud, JMW can provide the support and representation you need to successfully defend the charges.

There are many reasons why you may face a benefit fraud investigation, even if you have done nothing wrong. JMW's benefit fraud solicitors have vast experience in this area of fraud and we can create a robust and bespoke defence to fight your corner. We have a strong track record of success in defending individuals accused of related offences.

To speak to a solicitor about allegations of benefit fraud, call us on 0345 872 6666 or fill in our online enquiry form and we will get back to you.

How JMW Can Help

Benefit fraud can come in many different forms. People may make claims for benefit payments to which they are not entitled, or they may fabricate a situation to get a payout. For instance, someone may claim they have been involved in a road traffic accident when they have not, or claim benefits for a disability they do not have.

A benefit fraud lawyer from JMW can assist you if your business has become embroiled in any type of fraud allegations, with support from the very beginning through to the conclusion of your case. Recent years have seen a significant uptick in the number of benefit fraud cases being investigated, and the potential consequences of having assets or benefit payments frozen during an investigation can be devastating.

Our team not only has a deep understanding of and grasp on this complex area of law - we are highly experienced in delivering the right results for our clients. We understand that allegations of this type are very serious and can prove damaging to a business or an individual’s reputation, which is why efficiency is at the heart of everything we do.

Benefit fraud accusations need to be taken very seriously and dealt with correctly. It is therefore imperative to seek expert legal help to give yourself the best opportunity of securing a favourable outcome. We are able to help clients from across the UK and with some further information about your case, we will be able to give you comprehensive advice about the best way to proceed. 

Meet Our Team

What Triggers a Benefit Fraud Investigation?

Most benefit fraud cases are initially flagged by insurers’ fraud detection teams and referred to fraud investigators. Typically, insurance companies use data analytics and cross-check claims against industry databases such as the Insurance Fraud Register, which can flag any irregularities for further investigation. Reports can come from the public, data-matching exercises or internal reviews, and are often flagged when information doesn’t match across systems - for example, if someone is shown to be working on one system while claiming unemployment benefits on another.

Who Investigates Benefit Fraud Allegations?

Cases may be investigated by a combination of the police, the Insurance Fraud Bureau, the City of London Police’s Insurance Fraud Enforcement Department and the Department for Work and Pensions (DWP).

The DWP is the primary authority responsible for investigating benefit fraud and handles cases where people are suspected of deliberately giving false information, failing to report changes or claiming benefits they are not entitled to.

For housing benefit and council tax support, local authorities and councils also investigate and may work jointly with the DWP. Benefit fraud investigation officers may also work alongside the Financial Conduct Authority, which does not directly investigate fraud but regulates the insurance sector and can take enforcement action against firms that fail to prevent fraud. HM Revenue & Customs (HMRC) deals with fraud relating to tax credits and other benefits administered by HMRC.

The primary goal of these authorities is to collect evidence of benefit fraud. Interviews under caution may be held by the police on behalf of DWP fraud investigators, who will also look at documentary evidence and financial details to determine whether a criminal offence has taken place. The aim is to collect sufficient evidence for the Crown Prosecution Service (CPS) to determine whether or not to initiate legal proceedings and prosecute a suspect.

What Happens in a Benefit Fraud Investigation?

When allegations of benefit fraud are made, or an inconsistency flags in a system, the relevant party will refer the case to the police, the Department for Work and Pensions or a local authority. Investigators can check records, cross-reference bank accounts, earnings  and other benefits claimed, and carry out preliminary verification of the information in their systems to determine whether they suspect that benefit fraud has taken place. If suspicion remains following these checks, a formal investigation is opened.

Depending on the type of fraud that is suspected, investigators may use surveillance, interviews and requests for information from employers, banks or landlords. The individual may be called for an interview under caution (conducted under the Police and Criminal Evidence Act 1984), where they are formally questioned and have the right to legal representation. It is vital to seek support from specialist solicitors if you are asked to attend an interview at a police station, as this can be an important opportunity to receive legal advice and begin building your defence.

If no evidence of fraud is found, the case may be closed after this initial investigation. Alternatively, the organisation may identify an overpayment of certain benefits but not suspect that fraud took place, in which case it may require repayment but without commencing any prosecution. Finally, if the DWP or police believe that fraud has been proven, outcomes can include benefit sanctions, financial penalties, civil recovery of overpayments, or referral to the CPS for criminal prosecution.

In the latter cases, defendants may be issued a court summons for a hearing at the Magistrates Court (or the Crown Court, for some large-scale insurance fraud cases). A guilty verdict can result in a criminal record, fines or imprisonment, depending on the severity of the alleged offence. It may also result in administrative penalties (a fine of up to 50% of any overpayment), and benefit sanctions such as a loss of entitlement for a set period.