Accused of benefit fraud, invited to a DWP interview under caution or facing a section 111A allegation? Obtain specialist criminal defence advice before answering questions. An overpayment does not automatically prove fraud: the prosecution must establish the relevant offence, including dishonesty where section 111A of the Social Security Administration Act 1992 is alleged.
What is a section 111A benefit-fraud allegation?
Section 111A covers dishonest conduct connected with obtaining social-security benefits. Depending on the allegation, the prosecution may say that a person dishonestly:
- made a false statement or representation;
- provided a document or information that was materially false; or
- failed to report, or caused or allowed another person not to report, a relevant change of circumstances promptly.
Common investigations concern income, savings, employment, household composition, living with a partner, address, rent, disability or another change said to affect entitlement. The precise legal ingredients depend on the charge and the evidence.
Is a benefit overpayment the same as benefit fraud?
No. A benefit decision and a criminal prosecution are separate processes. An overpayment may arise from an error, misunderstanding, delayed information or disputed entitlement. The Department for Work and Pensions or another decision maker may calculate recoverable overpayment using the civil standard, while a criminal allegation must be proved beyond reasonable doubt.
A person may be able to challenge a benefit decision through mandatory reconsideration or appeal. That does not automatically stop a criminal investigation, so coordinated advice may be important.
What is dishonestly retaining a wrongful credit?
Section 24A of the Theft Act 1968 is a distinct offence. Broadly, it concerns a wrongful credit made to an account where the account holder knows or believes it is wrongful and dishonestly fails to take reasonable steps to secure its cancellation. The statutory definition links a wrongful credit to money derived from theft, blackmail, fraud or stolen goods.
Receiving an unexpected payment is not by itself enough to prove the offence. Knowledge or belief, dishonesty, the source of the credit and the steps reasonably taken all require careful consideration.
DWP interview under caution: what should I do?
An interview under caution is a formal criminal interview and may be recorded and used as evidence. Do not assume it is an informal benefits meeting. Before attending:
- contact Ghafar Khan for advice and representation;
- keep claim forms, Universal Credit journal entries, letters and bank records;
- do not delete or alter documents or messages;
- prepare an accurate chronology of relevant changes; and
- avoid guessing when asked about dates, payments or documents.
Ghafar Khan can advise during the investigation, examine the alleged overpayment and disclosure, prepare representations and provide Magistrates’ Court or Crown Court representation. Legal-aid instructions are accepted where eligibility requirements are met.
Frequently asked questions
Can I be prosecuted after agreeing to repay an overpayment?
Yes. Repayment and criminal prosecution are separate issues. Paying money back does not necessarily end an investigation or prosecution.
Do I need a solicitor for a DWP interview under caution?
Legal representation is strongly advisable because the interview may form part of a criminal case. Seek advice before answering substantive questions.
Authoritative information
- Social Security Administration Act 1992, section 111A
- Theft Act 1968, section 24A
- CPS welfare and health fraud guidance
- GOV.UK benefit-fraud guidance
This page provides general information for England and Wales and is not legal advice for an individual case.
Contact Ghafar Khan, Criminal Defence Solicitor and High Court Advocate
24/7 mobile: 07500 556587
Office: 03330 110 210
Email: notguilty@ghafarkhan.com
Acting throughout England and Wales
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