The Department for Work and Pensions (DWP) or the local authority will begin an investigation into a person's claim when they receive a referral. This referral can come from a number of sources such as an anonymous phone call / letter or a data match over the Government's computer systems which indicate a possible false claim.
Once an investigation has begun the authorities will begin to build evidence against you and your claim. The evidence needed will depend on the type of claim they are investigating and this may involve conducting surveillance on yourself and your home, contacting employers and banks and possibly contacting people who you may know to gather witness statements.
If you are there is enough evidence to support a false benefits claim you'll be contacted by the Department for Work and Pensions or the local authority. You may be then asked to attend an interview to talk about your claim - if you are at this stage then we advise you to contact a solicitor as soon as possible as anything you say may harm your defence.
The interview is an important part of the investigation. It will be tape recorded so that anything said may be used as evidence if the matter was to go further. There will be a disclosure so that you are aware of the allegations you are facing. The offences usually come under the Social Security Administration Act 1992 - sections 111A and 112. If you have a solicitor present they will explain the allegations in greater detail and offer advice on the best way to proceed with the interview.
Following the interview further investigations may take place to gather more evidence. Once they are satisfied all evidence has been gathered the matter will be passed on to the Benefit Entitlement Decision Maker who will decide whether you are entitled to the benefits, some of it or not at all. If you were not entitled to the benefits the matter will then be passed on to the Overpayment Decision maker who will decide whether the monies should be recovered.
For overpayments above 2,000.00 the case can be dealt with at the Magistrates' Court. Overpayments over 35,000.00 are usually dealt with at the Crown Court. Anything less than 2,000.00 may be dealt with by use of a caution or a administrative penalty.
You have 28 days from receiving the overpayment letter to appeal any decision made.
Once an investigation has begun the authorities will begin to build evidence against you and your claim. The evidence needed will depend on the type of claim they are investigating and this may involve conducting surveillance on yourself and your home, contacting employers and banks and possibly contacting people who you may know to gather witness statements.
If you are there is enough evidence to support a false benefits claim you'll be contacted by the Department for Work and Pensions or the local authority. You may be then asked to attend an interview to talk about your claim - if you are at this stage then we advise you to contact a solicitor as soon as possible as anything you say may harm your defence.
The interview is an important part of the investigation. It will be tape recorded so that anything said may be used as evidence if the matter was to go further. There will be a disclosure so that you are aware of the allegations you are facing. The offences usually come under the Social Security Administration Act 1992 - sections 111A and 112. If you have a solicitor present they will explain the allegations in greater detail and offer advice on the best way to proceed with the interview.
Following the interview further investigations may take place to gather more evidence. Once they are satisfied all evidence has been gathered the matter will be passed on to the Benefit Entitlement Decision Maker who will decide whether you are entitled to the benefits, some of it or not at all. If you were not entitled to the benefits the matter will then be passed on to the Overpayment Decision maker who will decide whether the monies should be recovered.
For overpayments above 2,000.00 the case can be dealt with at the Magistrates' Court. Overpayments over 35,000.00 are usually dealt with at the Crown Court. Anything less than 2,000.00 may be dealt with by use of a caution or a administrative penalty.
You have 28 days from receiving the overpayment letter to appeal any decision made.