Benefit Fraud

Benefit Fraud is a large part of the overall level of fraud in Argyll and Bute. We need information to ensure that taxpayers’ money goes to those it is intended for and we need your help providing information to help us to combat Fraud.

Our aim is to reduce and then eliminate Benefit Fraud within Argyll and Bute and to do this we all need to work together.

Examples of Benefit Fraud include: -

• False Wage Details
• Failure to disclose savings, investments and properties
• Failure to inform the Council that you have income from employment
• Failure to declare Occupational Pensions or partners Occupation Pension.
• Living with an undeclared partner who has income
• Not living at the property that Benefit has been claimed for.

We know that the majority of claimants are honest but we have a responsibility to tackle those who are not.

There are a number of computer systems that hold information about people claiming Benefits – this information is used to match data with our systems e.g. Department of Work and Pensions is matched to our records which may result in anomalies. Using this method we can uncover claimants/partners that are claiming benefit based on incorrect information e.g. they are working yet their Housing/Council Tax Benefit claim is based on Job Seekers Allowance. Cases such as these are then passed to our Fraud Officers who will investigate and carry out any necessary action.

‘I think I know someone who is committing fraud: what do I do?’

If you know, suspect or have information about someone apparently committing fraud, you can report your suspicions in several ways. All reports are treated confidentially. You don’t need to identity yourself, but if you do, your name will not be used unless we have your consent.

• Report it online.
• Call us on our Hotline Mon – Friday 08:30 – 18:30
  Phone us free on 0800 854 440 to report a fraud. This line is confidential and you don’t need to give your name.

• 
  Speak to us in person
  If you would prefer to speak to us face to face, you can call into any of the Council’s Local offices and ask to speak to a member of staff. Confidentiality will be respected at all times.

• 
  Download our fraud form
  complete this with as much information as you can and send it direct to:
  The Fraud Department,
  Witchburn Road,
  Campbeltown,
  PA28 6JU.

What happens when Fraud is proven?

If we obtain proof that fraud has been committed we may

• Formally caution the individual – see below.
• Impose an administrative penalty – see below.
• Refer the case to the Procurator Fiscal with a view to prosecution.

What is a Sanction

Sanctions can take the form of Cautions, Administrative Penalty or Prosecution.

• Caution

A caution is a warning, similar to a police caution. We may caution an individual as an alternative to Prosecution, when the person has been formally interviewed by our trained Fraud officers and has admitted the offence.

• Administrative Penalty

This means paying back the falsely claimed Benefit plus 30% of that amount. Anyone offered an Administrative Penalty has the right to refuse. If that happens, the matter may then be referred to the Procurator Fiscal.

• Prosecution

The more serious cases of suspected fraud are passed to the Procurator Fiscal to consider criminal proceedings.

In all cases, we will try to recover the total amount of the overpaid benefit

 How do we recover the fraudulent overpayment?

We can use several methods to recover overpayments including: -

• Deducting a set amount each week from a claimant’s Housing Benefit.
• Reducing the amount paid to a Landlord or agent.
• Deduction from Housing Benefit due to be paid to a claimant for a past period.
• Deduction from some Department of Work and Pensions Benefits.
• Issuing an invoice.
• If the Overpayment is for Council Tax Benefit then the overpayment is added to the Council Tax Bill.

Benefit Fraud is a crime.  We are determined to make sure that only people who are entitled to Benefit actually receive it.

We have a legal responsibility to protect public money from misuse and the single largest abuse of public funds is Benefit Fraud. Benefit Fraud happens when someone knowingly makes a false claim for Benefit (as explained above), or when someone receiving Benefit fails to report any change of circumstances.

We are required by law to take a firm approach to those who defraud the benefits system.

Benefit Fraud Hotline - 0800 854 440

Fraud Administrator
Fraud Department
Witchburn Road
Campbeltown
PA28 6JU
Tel - 01586 555268
Fax - 01586 555290
benefitfraud@argyll-bute.gov.uk