The offence
Benefit fraud covers dishonestly claiming benefits to which a person is not entitled, by failing to disclose a change of circumstances or by making a false representation. It is prosecuted under the Fraud Act 2006 and the Social Security Administration Act 1992, and is triable either-way.
Defences
- No dishonesty — for example, an honest mistake or oversight
- No false representation or failure to disclose
- Disputed overpayment calculations and entitlement
- Procedural issues with the interview under caution
Sentencing and recovery
Benefit fraud is triable either-way and punishable by imprisonment and a fine. The Department for Work and Pensions may also seek recovery of overpayments and offer administrative penalties as an alternative to prosecution.
Frequently asked questions
No. Dishonesty is required. An honest mistake or oversight is not fraud, though it may still give rise to an overpayment that must be repaid.
Overpayments are usually recovered separately from any criminal prosecution, whether or not there is a conviction.
An administrative penalty or caution may be offered in some cases as an alternative to prosecution. We advise on whether accepting is in your interests.