Benefit fraud is the unacceptable face of Housing Benefit and Council Tax Benefit. Derbyshire Dales District Council is working hard to stop fraudulent Benefit claims. Recent prosecutions for fraud include the following -

Pauline Buckley from Ashbourne was successfully prosecuted at Derby Magistrates' Court on 21st January 2008. She pleaded guilty to failing to declare that she had a partner living at the property who was in full-time work. The Court fined her £200 and she has to repay the Council a total overpayment of benefit amounting of just over £3500.

Sallie Chalupa from Tideswell was successfully prosecuted at Chesterfield Magistrates' Court on 29th November 2007. She pleaded guilty to failing to declare that she had returned back to work. The Court gave her a 2 year Conditional Discharge and she has to repay the Council a total overpayment of benefit of just over £2200.

Denise Lally from Matlock was successfully prosecuted at Chesterfield Magistrates' Court on 7th November 2007. She pleaded guilty to failing to declare that she had a substantial amount of capital whilst in receipt of benefit. The Court fined her £450 and she had to repay the Council a total overpayment of benefit of just under £7000.

Benefit fraud is defined in the Social Security Fraud Act 2006. It is an offence for a person to receive benefit to which they were not entitled if:

a) They knowingly make a false statement or representation
b) They knowingly produce or furnish false documentation or information
c) They fail to declare a change in circumstances which they know will affect their claim.

It is a criminal offence under the Act to make a fraudulent claim or statement with the intention of obtaining or keeping money, including Housing or Council Tax Benefit or Rent Allowance.

Where there is evidence of an offence under the Act the claimant is interviewed, and in cases where there is an overpayment of benefit, a formal interview under caution must be considered. If a claimant admits an offence while under caution, the Council should impose one of the following sanctions:

(a) Formal Caution
(b) Administrative Penalty
(c) Prosecution.

The choice of sanction will depend on the amount of overpaid benefit involved, the personal circumstances of the claimant and whether the claimant has committed a previous fraud.

Formal Caution

The caution can be issued by the Council's Fraud Investigation Officers or a police officer, and is used where it is considered that an administration penalty or prosecution is not appropriate. The offender must admit to the offence before a formal caution can be offered.

During 2006/07, we imposed 9 formal cautions on fraudulent claimants.

Administrative Penalty

The claimant may offered the opportunity to pay a financial penalty of 30% of the overpayment.

The penalty must be paid as an addition to the outstanding overpayment. By accepting the penalty the client does not incur a criminal record. Refusal to accept the penalty will result in the case being referred for the prosecution.

During 2006/07, we imposed 5 administrative penalties on fraudulent claimants.

Prosecution

Where a substantial overpayment is involved or where the claimant has a previous offence or conviction for benefit fraud, the case may be referred for prosecution through the Courts.

During 2006/07, we carried out a total of 5 prosecutions for fraud.

If you have any information about someone who is claiming benefit to which they may not be entitled you can report your suspicions to us by telephoning the Benefits Fraud Hotline on the following number:

Benefit Fraud Hotline: (01629) 761330

You call will be treated in complete confidence and you need not give your name.

Alternatively, you can provide the information using the following on-line form (you do not have to give your name and address if you would rather remain anonymous):