Benefits Agency Interviews | Kellocks Solicitors

A number of potential offences can arise by those suspected of committing benefit fraud. Typically, people are prosecuted under the Social Security Administration Act 1992.

Investigations into benefit fraud often involve a written invitation to attend an interview under caution at the Benefits Agency.

If you have received such a letter, contact us now as you need specialist advice as to whether or not it will be in your interests to attend such an interview at all.

In the event that you have already been interviewed by the Benefits Agency and are now being prosecuted at Court, contact us now for expert representation.

These cases can attract adverse publicity and can be very distressing and we will be pleased to provide representation in a sympathetic and judgement free manner.

The Law and potential penalties

Dishonest representations for obtaining benefit etc. – Social Security Administration Act 1992 (s111A)

Tax Credit Fraud – Tax Credits Act 2002 (s35)

False Accounting – Theft Act 1968 (s17)

Maximum penalty 7 years immediate custody with an offence range that starts with a conditional discharge.

False representations for obtaining benefit etc. – Social Security Administration Act 1992 (s112)

Allegations of this nature are only dealt with at the Magistrates Court but do carry a maximum penalty of 3 months immediate custody.

Fraud by false representation, fraud by failing to disclose information, fraud by abuse of position – Fraud Act 2006 (s1)

Allegations of this nature can be dealt at the Magistrates Court or the Crown Court.

Conspiracy to defraud contrary to common law

Allegations of this nature can only be dealt with at the Crown Court where they carry a maximum penalty of 10 years imprisonment

Is Legal Aid available?

Almost certainly. It is highly likely that allegations of benefit fraud satisfy the interest of justice test. If you are financially eligible for Legal Aid then we will be able to provide representation for you at no cost to yourself or possibly with a contribution to pay at the Crown Court.