A-Z of Services

What action does the Council take if fraud is reported or suspected?

Wrexham County Borough Council has a dedicated team of fully trained fraud investigators, who use the latest technology and data collection systems to prevent and detect fraudulent benefit claims.

Our investigators are experienced benefits professionals who are aware of the complexities of the benefits system and the potential that exists for genuine mistakes. When a claim is investigated they will consider whether an error was deliberate made, and will proceed with the case accordingly.

When an allegation is made our investigators are trained to gather sufficient evidence to prove or disprove the allegation. Our investigators have the power to access information held by the Inland Revenue, the Department of Work and Pensions, the Land Registry, and other local authorities. We may also ask for information from third parties such as employers, banks, and pension providers.

Every investigator has full professional qualifications and can interview alleged benefit cheats in accordance with the Police and Criminal Evidence Act. Interviews conducted in our offices maybe taped for evidential purposes and can be conducted under formal legal caution.

More information about “Taped Interviews Under Caution”

Does the Council work with other organisations?

Many cases are conducted as joint investigations with officers from the Department for Work and Pensions, and cases are often brought before the courts as joint prosecutions.

In order to combat benefit fraud the Council may also work with other government departments, other local authorities, the Police, the Immigration Service, Customs and Excise, and the Crown Prosecution Service.

What happens to people who commit fraud?

Benefit fraud is a crime. Anyone convicted of benefit fraud in a court of law will receive a criminal record.

Not all cases of benefit fraud will be referred to the courts for prosecution. Many first time offenders and less serious cases will be dealt with by means of a formal caution or an administrative penalty. The decision about which cases to refer to court and which to deal with administratively is the Council’s. Additionally the Council will actively seek to recover all fraudulent overpayments of Housing and Council Tax Benefit.

What is a formal caution?

When a person admits to committing an offence and the loss to public funds is not too excessive a formal caution may be offered. A formal caution is a written warning similar to a police caution but is held on record only be the Council and the Department of Work and Pensions. If a person reoffends the caution will be taken into account if the case is considered for prosecution.

What is an administrative penalty?

If a formal caution cannot be offered another alternative to prosecution is an Administrative Penalty. This is a financial penalty, similar to a fine, and is set by legislation at 30% of any overpayment of benefit. When a person accepts an Administrative Penalty they are required to repay the overpayment and the Administrative Penalty. This penalty is also taken into account if the person reoffends.

What penalties do the courts apply to people convicted of benefit fraud?

The range of sentences passed against benefit cheats in Wrexham include:

Up to 12 months imprisonment
Up to 200 hours Community Punishment Orders
Up to a 2 year conditional discharge
A 2 month curfew order
Supervision orders

And a range of fines, court costs, and victim surcharge penalties.

Taped Interviews Under Caution

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