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General enquiries: 03450 450 500

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Popular FAQs

• How do I claim Housing Benefit and Council Tax benefit?
• What happens if I cannot pay my council tax?
• I live on my own, can I get a council tax discount?
• How is my benefit worked out?
• What is my council tax band and how is this decided?

Other FAQs

After an investigation into Benefit Fraud

What actions can the Council take?

Where the Council believes there is no evidence of an offence having been committed (or even though there is evidence, the Council does not feel that it is in the public interest to take further action) no criminal proceedings will be considered. This does not, however, stop the council from collecting any benefit, which has been overpaid. Repayment of any overpayment will normally be from the person who may have committed fraud or made mistakes with their claims.

Where there is sufficient evidence to prosecute a person for offences relating to benefit fraud, the Council will consider, in accordance with the Prosecution Policy, what further action should be taken.

The options are as follows:

Formal Caution

This is where a person who has admitted an offence is interviewed by a Council Officer and told that their conduct was an offence but on this occasion, the Council is prepared to offer a Caution as an alternative to prosecution.

A record will be kept of the caution but it is not a conviction. To receive a Caution the person must agree to accept it and admitted the offence when interviewed. The fact that a Formal Caution has been given will be recorded by the Council and with the Department for Work and Pensions. This can be mentioned later should the person be convicted for further offences in the future, it may also affect any sentence passed.

Administrative Penalty

This is a private agreement between the Council and a person identified as an offender. It does not count as an admission of guilt, although the fact a penalty has been offered and accepted, will affect any decision to prosecute for new offences identified later.

The person is interviewed by a Council Officer and advised that their conduct amounted to an offence but on this occasion, the Council is prepared to offer an Administrative Penalty as an alternative to prosecution. The Administrative Penalty given will be an amount equal to 30% of the amount of benefit overpaid (this percentage is fixed by law and is not negotiable). This will mean the person will have to repay the benefit overpaid plus this additional sum.

NOTE: Formal Cautions and an Administrative Penalties are alternatives to prosecution. If offered one of these alternatives, the person refused to accept it, the Council retains the right to prosecute. Both are voluntary arrangements and the offer and acceptance will be recorded by the Council and the Department for Work and Pensions. This could affect any future decision to prosecute for new offences identified. Generally, a person will only be offered an alternative to prosecution if this will stop future offending.

Prosecution

Where the council believes there is sufficient evidence and the offence is serious, people may be prosecuted through the criminal courts. In such cases, it may be dealt with by the Police following a complaint being made by the Council, or the Council's own legal department or that of the Department of Work and Pensions.

Normally, prosecution cases are heard in the Magistrates' Courts but more serious cases can be heard at the Crown Court. Sentencing is dependent on the seriousness of the offence but can be up to seven years imprisonment for the most serious offences.