Who investigates fraud?

The Council will investigate Housing Benefit and Council Tax Benefit frauds.

In some cases the Council will jointly investigate a benefit fraud with the Department for Work and Pension's Fraud Investigation Service, if other social security benefits are also involved.

All fraud referrals should be made to the Council in the first instance.

What actions are taken when fraud is identified?

Where benefit fraud is identified it will usually result in an overpayment of benefit that will have to be repaid.

To determine that facts of the case and to work out whether a fraud has been committed it may be necessary to undertake an Interview Under Caution.  Click the link for notes on Interview Under Caution.

This is a formal procedure and will determine whether the Council decides to proceed further with the benefit fraud.

The next stage of the process will be either:

• No further action – because we are satisfied that no offence has been committed;

• Administrative Caution – when we are satisfied that a fraud has been committed but will not automatically be referred for prosecution; (click here for more information on Admin Cautions)

• Administrative Penalty – offered as an alternative to prosecution and incurs a fixed penalty of 30% of the fraudulent benefit overpayment; (click here for more information on Admin Penalties) or

• Prosecution – if the fraud is particularly serious or an alternative sanction has been refused the case will be referred to the Procurator Fiscal.