Benefit Fraud Solicitors: Understanding Offences and Sentencing
Benefit fraud offences can be complex and carry serious consequences. If you’re under investigation, seeking advice from benefit fraud solicitors can make all the difference to the outcome of your case.
This article outlines the main types of benefit fraud offences and the importance of expert legal support.
The dishonesty offence
It is an offence to dishonestly make a representation in order to obtain benefits, for example not declaring that you are working or have savings.
This includes a dishonest failure to promptly notify a change in circumstances, as well as making a claim that is dishonest at the start.
The offence without dishonesty
It is an offence to knowingly make a false statement to obtain benefit. Again, this can be in an initial claim for benefits or failing to give prompt notification of a change in circumstances.
What does this actually mean?
The following definitions are given:
Dishonesty
Dishonesty has its normal meaning in criminal offences. Although the lesser offence does not require dishonesty, it does require proof of knowingly failing to notify.
The test for dishonesty was recently revisited by the Supreme Court and the result may well be that it is now easier to prosecute for a dishonesty-related offence.
Change in circumstances
This is where there must be proof that the offender knew there was a change of circumstances and that the change would have affected a change in benefit.
Examples of a change in circumstances include starting to live with a partner, getting a job or a winning the lottery.
Promptly notify
This is where prompt is to be given its natural meaning and is a matter of fact. It is for the prosecution to prove that it was not prompt.
It is therefore essential to explore all of the surrounding circumstances as this may provide a defence, not only mitigation.
Are there other offences?
There are other offences of fraud and false accounting related to benefits that are not covered in this article.
What is the likely sentence?
The non-dishonesty offence can only be dealt with in the Magistrates’ Court and carries a maximum term of imprisonment of 3 months.
The offence involving dishonesty can be dealt with at the Magistrates’ Court or the Crown Court and carries a maximum of seven years imprisonment.
The main factors for consideration in sentencing will be the length of time of the overpayment, the value of benefits overpaid, and whether or not the claim was dishonest from the outset.
A claim that is of high value, over a sustained period and which was dishonest from the beginning is more likely to attract a term of imprisonment.
How our benefit fraud solicitors can help
An investigation into possible benefit fraud often starts with a letter asking you to attend for an interview under caution.
The interview is very important; what you say in the interview can be used against you at Court, but it can also lead to an out of court disposal, such as a caution or an administrative penalty, or no action being taken against you. In many cases we are able to attend the interview with you.
What if I have to go to Court?
Prosecutions for benefit offences frequently generate vast quantities of paperwork. We have a great deal of experience in considering such evidence, and our involvement may mean a lesser value is given to the overpayment which can have a direct impact on the potential sentence. We can also assess any possible defences that may be available to you.
Contact us today for expert benefit fraud advice
If you’re facing investigation or prosecution for benefit fraud, don’t face it alone. Our experienced team of benefit fraud solicitors can guide you through every step of the process.
Contact us today for expert legal support and peace of mind.
Please note that the information contained in this article was correct at the time of writing. There may have been updates to the law since the article was written, which may affect the information and advice given therein.
Frequently Asked Questions
Does a solicitor have to report third-party benefit fraud?
Solicitors are bound by professional and legal duties, including client confidentiality and reporting obligations. There is no general duty requiring solicitors to report third-party benefit fraud.
However, if a solicitor comes across evidence of fraud while representing someone, they must not assist in fraud or misleading the court. In rare circumstances such as if required by a court order or under anti-money laundering rules, solicitors could be obligated to disclose information. But, as a rule, they do not proactively report third‑party benefit fraud to authorities.
How can a solicitor help with benefit fraud?
JFH Crime’s specialist benefit fraud solicitors can provide expert support from the moment you are under investigation. This includes:
- Advising you on how to respond to letters inviting you to attend an interview under caution
- Accompanying you to that interview. Remember, what you say can be used in court, or could help lead to an out-of-court outcome like a caution or administrative penalty
- Reviewing large volumes of paperwork and challenging calculations of overpayment, potentially reducing your liability
- Identifying possible defences and negotiating with prosecuting authorities. Especially important where dishonesty is not clear-cut
- Representing you in court, if the case progresses to prosecution
Should I get a solicitor for court for benefit fraud?
Absolutely. If your case goes to court you will face a formal hearing, potentially in the Magistrates’ Court or Crown Court. A specialist benefit fraud solicitor will be invaluable because they:
- Bring expertise in sentencing guidelines and how courts calculate overpayments
- Understand how to argue that a claim was non-dishonest or in good faith
- Handle complex documentation and misleading evidence
- Advocate for alternatives to imprisonment – such as suspended sentences
- Navigate legal aid applications, which may be available for individuals claiming qualifying benefits
