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Benefit Fraud Solicitors in London

Specialist London Solicitors in Benefit Fraud Cases

At MFI Law Limited we have the expertise in representing clients charged with benefit fraud related offences. Our London Solicitors are available to represent clients at London Police Stations, Magistrates' and Crown Courts throughout the country.

The two main offences are under Section 111A and Section 112.

Section 111A of the Social Security Administration Act 1992 states:

  1. that the Respondent has committed adultery and the Petitioner finds it intolerable to live with the Respondent;
  2. that the Respondent has behaved in such a way that the Petitioner cannot reasonably be expected to live with the Respondent;
  3. that the Respondent has deserted the Petitioner for a continuous period of at least two years immediately preceding the presentation of the petition;
  4. that the parties to the marriage have lived apart for a continuous period of at least two years immediately preceding the presentation of the petition (referred to as “two years' separation”) and the respondent consents to a decree being granted;
  5. that the parties to the marriage have lived apart for a continuous period of at least five years immediately preceding the presentation of the petition (referred to as “five years' separation”).
  1. If a person dishonestly—
    1. makes a false statement or representation;
    2. produces or furnishes, or causes or allows to be produced or furnished, any document or information which is false in a material particular;
    3. fails to notify a change of circumstances which regulations under this Act require him to notify; or
    4. causes or allows another person to fail to notify a change of circumstances which such regulations require the other person to notify.
    with the view to obtaining any benefit or other payment or advantage under the social security legislation (whether for himself or for some other person), he shall be guilty of an offence.

Section 112 of the Social Security Administration Act 1992 (c.5) states:

  1. If a person for the purpose of obtaining any benefit or other payment under (the social security legislation), whether for himself or some other person, or for any other purpose connected with that legislation—
    1. makes a statement or representation which he knows to be false; or
    2. produced or furnished, any document or information which he knows to be false in a material particular,
    he shall be guilty of an offence.
  1. (1A) If a person without reasonable excuse—
    1. fails to notify a change of circumstances which regulations under this Act require him to notify; or
    2. knowingly causes or knowingly allows another person to fail to notify a change of circumstances which such regulations require the other person to notify, and he knows that he, or the other person, is required to notify the change of circumstances,
    he shall be guilty of an offence.

Benefit Fraud

Benefit fraud is treated differently to benefit overpayments. This is because benefit overpayments can happen for other reasons such as the benefit office making a mistake or because you were not aware that you had to tell the benefit office about a change of circumstances which meant you were entitled to less benefit.

There are various ways in which a person can commit benefit fraud and these include:

The Department for Work and Pensions or the Local Authority are assigned to investigate and prosecute benefit fraud cases. These departments receive information from various sources such as an anonymous individuals or electronic data matching exercises whereby government organisations share information which enables them to investigate suspected individuals.

Sentencing guidelines for Benefit Fraud

Maximum Sentence:
Section 111A—7 years imprisonment
Section 112—Level 5 fine and/or 3 months' custody

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