Determining Benefit Fraud

When an individual commits benefits fraud there are going to be several factors that are taken into account in order to determine the severity of the offence(s). Clearly a key consideration is to determine if fraud has actually been committed. Currently there are 2 key ways to determine benefit fraud based upon the Fraud Act 2006:

A person is guilty of fraud if:

1. They falsely represent the facts

By dishonestly making a false representation in order to profit for himself/herself or another.

2. They fail to disclose information

By failing to disclose information that he/she has a legal duty to do so and as a result of the failure intends to make financial gain for himself/herself or another.

Once fraud has been established the following key offences are often used to prosecute benefit frauds:

1. False representation to obtain benefit (Social Security Administration Act 1992, section 111A(1)).

2. Failure to disclose a change in circumstances (Social Security Administration Act 1992, Section 111A(1A), (1B), (1D) or (1E))

3. Section 112 Social Security Administration Act 1992.

4. Tax credit fraud (Tax Credits Act 2002, section 35)

Members can also use a working version of the tool below to estimate the potential severity of their offence. Buy now to find out the answers using this FREE estimator:

*This is the most accurate benefit fraud outcome estimator available on the web. It is based upon the very latest legislation. It is regularly reviewed and updated to ensure that it produces the most accurate results possible. Find out today what the potential outcome of your own individual case is likely to be.

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