If you know of or suspect someone of committing benefit fraud you
can:
View guidance
notes for completing Waveney District Council’s Report of
Suspected Fraud form.
The Council has a duty by law to administer a benefits service to
those within its area who qualify. We also have a responsibility to
ensure that payments are made only to those actually entitled to
receive them. For that reason we have our own dedicated fraud
section, the Housing Benefit Investigation Team whose duties
include:
- Detecting fraudulent claims;
- Stopping and reducing payments in fraudulent cases;
- Calculating overpayments of benefit on the discovery of the
true facts.
Housing Benefit and Council Tax Benefit
Fraud
This can take place in a number of ways involving the claimant or
the landlord or both acting together. The fraud can occur from the
onset of the claim where false information/evidence is provided for
the purpose of obtaining benefit or as often occurs by the claimant
failing to notify the Council of changes they know will affect
their entitlement to benefit. The following are types of fraud the
investigators deal with.
Working and Claiming Fraud
This usually involves claimants who are in receipt of Housing and
or Council Tax Benefit on the basis of their entitlement to Job
Seekers Allowance or Income Support, but who are in fact
working.
Investigations in such cases will usually involve a joint
investigation involving the Council and the Benefits Agency
investigators.
Non-disclosure of Property/Capital
This fraud is were the claimant fails to declare either
savings/capital or the ownership of another property or land
elsewhere (for which they may also be receiving rent).
Non-disclosure of Income
This is where the claimant fails to declare all of the household
income, knowing or intending that the non-declaration will increase
their benefit award.
Non-disclosure of a Partner (living together as husband and
wife)
This fraud usually involves a claimant on Income Support or Job
Seekers Allowance failing to declare the presence of a partner
within the household who is working, knowing or intending that this
would affect their entitlement to benefits.
Non-declaration of Non-dependants and or
Sub-tenants
It is fraudulent if a claimant fails to declare the presence of
other adults living in the property, in order to preserve or
increase their entitlement to benefit.
False claims by Homeowners
This is where the owner of a property falsely state that they are
paying rent on the property they occupy when in fact they own the
property, usually inventing a fictitious landlord to do so.
Failing to Declare a Change of Address
Where a claimant fails to declare that they have moved but continue
to accept payment of Housing Benefit for their previous address,
they are committing fraud.
False Address Fraud
This fraud may occur where a person is claiming for an address at
which they are not living. This type of fraud may occur with the
collusion of the landlord or other tenants.
Landlord Fraud
This is where a landlord continues to receive benefit paid directly
to him/her for a period after which they became aware that the
claimant had vacated their property.
There are many other ways in which a landlord and managing agent
can defraud the benefits system, particularly in areas where there
is a large proportion of multi occupation houses and where there
are many seasonal workers looking for short term
accommodation.
Council Policy on Benefit Fraud
The Council has adopted a policy that means not only is the
fraudulent claim corrected but that overpaid benefit is recovered.
In addition where it is established that a fraud has been committed
the Council will take appropriate sanction action that can include
prosecution through the Criminal Court if it believes it is in the
public interest to do so. In cases where the overpayment is less
than £2000 and the Council believe it is not in the public interest
to prosecute the fraudulent claimant they may be dealt with by
being given a stern warning or “Caution” as to their future
conduct. In some instances as an alternative to prosecution the
Council offers the fraudulent claimant an “Administrative Penalty”
where they have to repay the overpayment and a 30% levy.
Between 1 April 2006 and 31 March 2007 the team dealt with
fraudulent claims that have resulted in 6 Cautions, 6
Administrative Penalties and 9 successful Prosecutions. A
further 12 cases are currently pending prosecution.
A total of £358,781.76 has also been identified as being overpaid
to customers during the same period attributable to a mixture of
customer error and customer fraud.
Fraud Costs Money. Your Money! Help Put a Stop to Fraud
What Happens When a Fraud is Established?
The decision takes into account the following factors included in
the Councils Prosecution Policy:
- The age and health of the offender
- We do not have a policy of ruling out a sanction just because
someone is of pension age. Each case is considered on its own
merits, taking into account their mental and physical health
- Period of the offence
- To commit a long standing fraud the offender is more likely to
have taken positive action to avoid being found out indicating
deliberate dishonesty
- The amount of Overpaid Benefit
- Depending on the amount involved it may not be cost effective
to consider further action. The Council will not consider Court
action on cases with minimal overpayments
- Was it a deliberate lie or a false declaration?
- Did the offender set out to defraud from the outset, lying when
asked direct questions, or did they fall into ' Not declaring a
change of circumstance category?
- Any evidence that the Council has failed in its own
responsibilities
- Did we follow correct procedures or fail to act on information
already held?
- Did the offender co-operate with the investigation?
- When confronted with the facts did the offender provide
reasonable answers and explanations, or did they compound the fraud
by making up excuses?
- Does the offender admit guilt and demonstrate remorse?
- Have they stated they are sorry and made attempts to make good
any loss/overpayments?
In general the principles are the same as considered by any
prosecutor with the overriding consideration that any prosecution
must be in the public interest.
Contact Us
If you know of or suspect someone of committing benefit fraud call
our free to phone “Hotline” (0800 328 6340) between 8.30am and
6.30pm where you can speak to someone trained in taking
information. Alternatively you can text us on 0800 328 6341, email
information to
hb.investigations@waveney.gov.uk
Or:
Fraud Hotline: 0800 328 6340
Text Hotline: 0800 328 6341
Fax: 01502 523505
Email:
hb.investigations@waveney.gov.uk
Postal Address Housing Benefit Investigation
Team
Waveney District Council
Town Hall, High Street
Lowestoft
Suffolk
NR32 1HS