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Being investigated for a benefit fraud matter can be both daunting and stressful, that's why MJP solicitors provide free legal advice on benefit fraud matters. Call MJP solicitors today for free initial advice.

Benefit Fraud Offences

Benefit fraud is a criminal offence and the main offences will be prosecuted under the Social Security Administration Act 1992. This means it is possible to receive a custodial sentence if found guilty of committing benefit fraud. It is therefore important that you seek specialist legal advice if you are facing an investigation or are required to attend an interview or court appearance.

The two main offences are under section 111A and section 112.

Section 111A Social Security Administration Act 1992

(1) If a person dishonestly -

  • (a) makes a false statement or representation;

  • (b) produces or furnishes, or causes or allows to be produced or furnished, any document or information which is false in a material particular;

  • (c) fails to notify a change of circumstances which regulations under this Act require him to notify;

  •   or

  • (d) causes or allows another person to fail to notify a change of circumstances which such regulations require the other person to notify.

with the view to obtaining any benefit or other payment or advantage under the social security legislation (whether for himself or for some other person), he shall be guilty of an offence.

(2) In this section ´the social security legislation´ means the Act to which section 110 above applies and the Jobseekers Act 1995.

(3) A person guilty of an offence under this section shall be liable -

  • (a) on summary conviction, to imprisonment for a term not exceeding six months, or to a fine not exceeding the statutory maximum, or to both;

  •   or

  • (b) on conviction on indictment, to imprisonment for a term not exceeding seven years, or to a fine, or to both.

(4) In the application of this section to Scotland in subsection (1) for ´dishonestly´ substitute ´knowingly´.

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Free Advice Available

If you have been arrested, interviewed or are due in court for a benefit fraud matter then speak to a solicitor today for free advice on 0333 011 0515 or contact us using the contact form on this page.

Section 112 Social Security Administration Act 1992 (c.5)

If a person for the purpose of obtaining any benefit or other payment under (the social security legislation), whether for himself or some other person, or for any other purpose connected with that legislation -

  • (a) makes a statement or representation which he knows to be false;

  •   or

  • (b) produces or furnishes or knowingly causes or knowingly allows to be produced or furnished, any document or information which he knows to be false in a material particular, he shall be guilty of an offence.

1(1A) If a person without reasonable excuse -

  • (a) fails to notify a change of circumstances which regulations under this Act require him to notify;

  •   or

  • (b) knowing causes or knowingly allows another person to fail to notify a change of circumstances which such regulations require the other person to notify, and he knows that he, or the other person, is required to notify the change of circumstances, he shall be guilty of an offence.

(2) A person guilty of an offence under [this section] shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale, or to imprisonment for a term not exceeding 3 months, or to both.

(3) In this section ´the Social security legislation´ means the acts to which section 110 above applies and the Jobseekers Act 1995

What Happens?

As mentioned above it is possible that people may receive a custodial sentence benefit fraud offences but there are a few stages before a case gets to court, if it isn't discontinued before then, and MJP solicitors will use their best endeavours to avoid this by making any enquiry possible in their client´s best interests.

Stages that occur before a case reaches court are The Investigation Stage and The Interview

If you are in need of legal advice for any benefit fraud matter you can get in touch with our solicitors on 0333 011 0516, leave a message through our enquiry form or leave your name, contact number and a suitable time below and we'll get back to you.

Contact to us today - justice@mjpsolicitors.co.uk

Authorised and regulated by the Solicitors Regulation Authority www.rules.sra.org.uk/ (203739)