South Derbyshire District Council

We have a duty to pay benefits to South Derbyshire residents who qualify. We also have a responsibility to ensure that payments are made only to those who are entitled to receive them.

BENEFIT FRAUD IS A CRIME AND IT'S YOUR MONEY FRAUDSTERS ARE STEALING!!

If you suspect that someone is claiming benefits that they may not be entitled to, please tell us about it. You can do this in a number of ways and you do not have to tell us your name or address.

Telephone: 01283 595827 or 01283 595885

During normal office hours you will be able to speak to a member of the Investigations Team or alternatively leave a message. Outside of normal office hours you can leave a message. If you do leave a message, please tell us as much information as possible no matter how small the detail might be. The more information we have, the better the chance of a successful investigation.

email

You can email the Investigations Team at: fraud@south-derbys.gov.uk

Please tell us as much information as possible no matter how small the detail might be. The more information we have, the better the chance of a successful investigation.

By post

You can write to:

Benefit Investigations Team
South Derbyshire District Council
Civic Offices
Civic Way
Swadlincote
Derbyshire
DE11 0AH

Please tell us as much information as possible no matter how small the detail might be. The more information we have, the better the chance of a successful investigation.

In person

You can visit the council offices and speak to an investigator. Office hours are 8:45am to 5:00pm Monday to Thursday and 8:45am to 4:30pm on Fridays.

The Benefit Investigations team will look at every single report of suspected fraud that we receive and consider whether to investigate further.

If you are receiving benefit yourself, please remember that it is your responsibility to tell us about any change in your circumstances that may affect your entitlement to benefit. You cannot assume that others (such as the Department for Work and Pensions) will notify us on your behalf.

Fraud awareness

Please take the time to learn more about benefit fraud: Fraud Awareness

The cost of benefit fraud nationally

The actual cost of benefit fraud is unknown. During 2010/11, it has been estimated that £1.2bn of total benefit expenditure was overpaid as a result of fraud. The amount of Housing Benefit lost to fraud for the same year is estimated to have been £300m and the amount of Council Tax Benefit lost to fraud for the same year is estimated to have been £40m. These are estimations and the actual cost is likely to be much higher.

Benefit fraud in South Derbyshire

Between April 2011 and March 2012, the Investigations Team investigated over 200 cases of suspected Housing Benefit and / or Council Tax Benefit fraud. As a result, £215,127 was found to have been overpaid.

The types of fraud we encounter include:

Working and claiming
Non-disclosure of property, capital or income
Non-disclosure of partner, non-dependants or sub-tenants
False tenancies
Failing to declare a change of address

There are many ways that we can investigate a suspected fraud. In most cases, we will gather intelligence, which will lead to evidence being obtained. It may also be necessary to carry out covert directed surveillance. (Regulation of Investigatory Powers Act 2000 (RIPA) Policy available for download below Related documents.) In cases where we have enough evidence, everyone suspected of being involved in the fraud will face an interview under caution.

Action after an investigation

If fraud has been committed, the amount of benefit that was fraudulently obtained will have to be paid back. If the overpayment is not fully repaid, we will take further action which may involve the courts.

In more serious cases, those involved in the fraud may face further penalties, either by way of a formal caution, an administrative penalty or prosecution. Repaying the overpayment will not affect our decision to proceed with further action.

Formal caution

We may offer a formal caution as an alternative to prosecution. We can only offer this if an offence has been admitted at an interview under caution. If the offer of a formal caution is accepted, we will not take the case to court. The formal caution is recorded by us and the Department for Work and Pensions. If the same person commits an offence within five years, it would be considered in any further recommendation or proceedings.

Administrative penalty

An administrative penalty may be offered as an alternative to prosecution. An administrative penalty is a fixed 30 per cent of the overpaid benefit which has to be paid as well as the overpayment. We record the administrative penalty as well as the Department for Work and Pensions and so if an offence occurs in the future, this would be considered in any further recommendation or proceedings.

As formal cautions and administrative penalties are offered as an alternative to prosecution, the case will be referred to the prosecuting authorities if the offer to accept a formal caution or administrative penalty is refused.

Prosecution

We will pursue prosecution if we consider the case serious enough. Cases will initially be heard in the Magistrates Court, however depending on the nature of charge or circumstances, it may be so serious that it is referred to the crown court.

Between April 2011 and March 2012, 21 people were prosecuted for benefit fraud offences that resulted in overpayments of benefit amounting to £125,161.

Sentences imposed by the Courts included Community Sentences, Suspended Custodial Sentences, Curfew Orders and Compensation Orders. Additionally, 29 Formal Cautions and 4 Administrative Penalties were also issued.

National Fraud Initiative

Contact details

Benefit Investigations Team
South Derbyshire District Council
Civic Offices
Civic Way
Swadlincote
Derbyshire
DE11 0AH

Tel: 01283 595827 or 01283 595885
Online: general enquiry / notification form
email: fraud@south-derbys.gov.uk

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