According to new figures released by the Department for Work and Pensions, fraud and error in the benefit system is falling as the government continues to reduce levels and protect taxpayers’ money. The statistics show that in the last year, fraud and error rates in 2023 fell to 3.6% (£8.3 billion) from 4.0% (£8.7 billion).
This includes Universal Credit losses falling from 14.7% (£5,920 million) to 12.8% (£5,540 million). The national statistics also show that there are reduced rates of fraud overall and within Universal Credit.
Across the UK more than 20 million people are claiming State Pension or benefits from the DWP to help with the cost of living, and the government is working to stop those exploiting the benefits system. Minister responsible for tackling fraud, Tom Pursglove MP, said: “Benefit fraud is never a victimless crime, which is why it’s entirely right we stop money going to fraudsters and serious crime groups intent on exploiting the system - and is instead paid to the people who need it reports The Daily Record.
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“Cutting fraud delivers on the Prime Minister’s priorities, reducing our national debt and helping to curb inflation by protecting the hard-earned money of taxpayers. We’re starting to see the rates of fraud and error move in a positive direction, thanks to our preventative work, alongside vigorously pursuing fraudsters using the full range of our powers to show that crime does not pay.”
It was reported at the end of March 2023, that the DWP had 18,691 open investigations into alleged benefit fraud recorded on its reporting systems, but it’s important to note that not all of these will be fraud. In the 2022/23 reporting year it took on average 235 working days for the DWP to complete a benefit fraud investigation.
Mr Pursglove recently explained the reason for the duration in a written response to a query from Labour MP Justin Madders. The DWP Minister said: “These investigations vary significantly in their nature and complexity and no set time can be attributed to an individual investigation.
"Our investigators, working with the Crown Prosecution Service where appropriate, seek to expedite all investigations as quickly as possible to ensure the criminal burden of proof is met.” In 2022, the DWP launched a new £613 million plan to stop an estimated £4 billion being lost in fraud and error over the next five years.
The ‘Fighting Fraud in the Welfare System’ plan sits alongside investment of £900 million that will deliver £2.4 billion of savings by the end of next year, growing to over £9 billion by 2027/28. This funding will allow the Department to review millions of Universal Credit claims over the next five years and provide intelligence on new and emerging ways to identify fraud and error entering the welfare system.
As part of the fraud plan, the DWP plans to introduce a raft of new powers, including strengthening the penalty regime by introducing a new civil penalty for cases of fraud. The new powers would also include requirements for organisations, such as banks, to share data securely on an increased scale to check levels of savings, whether claimants are living abroad.
There are also plans to increase DWP officers’ powers to conduct searches, seize evidence, and make arrests.
Definitions of Fraud, Claimant Error and Official Error
The DWP defines the three types of fraud and error.
Fraud
Claims where all three of the following conditions apply:
- the conditions for receipt of benefit, or the rate of benefit in payment, are not being met
- the claimant can reasonably be expected to be aware of the effect on their entitlement
- benefit payment stops or reduces as a result of the review
Claimant Error
The claimant has provided inaccurate or incomplete information, or failed to report a change in their circumstances, but there is no evidence of fraudulent intent on the claimant’s part.
Official Error
The benefit has been paid incorrectly due to a failure to act, a delay or a mistaken assessment by DWP, a local authority or HM Revenue and Customs (HMRC), to which no one outside of that department has materially contributed, regardless of whether the business unit has processed the information. The most common form of benefit fraud is when a person receives unemployment benefits while working. Another is when claimants state that they live alone, but are financially supported by a partner or spouse.
Failing to inform the state about a 'change of circumstances', for example, that your partner is now living with you, or that you have moved house, or that a relative has died leaving you some money may also be seen as 'fraud by omission'. Being accused of fraud can be stressful enough, but the thought of being investigated by officials without really knowing why can lead to excessive worry.
Many investigators wear plain clothes and can show up at your home or work at any time, which could be frightening. But having some knowledge about DWP investigations can make all the difference, enabling you to live your life as normally as possible while an investigation is underway.
Usually, benefits-related fraud occurs where someone has claimed benefits to which they were not entitled on purpose, such as by not reporting a change in circumstances or by providing false information.
Common examples of benefit fraud
faking an illness or injury to get unemployment or disability benefits
failing to report income from a business or employment to make income seem lower than it actually is
living with someone who contributes to the household income without declaring that income to the authorities
falsifying accounts to make it seem like a person has less money than they say they do
In each circumstance, the DWP will need evidence that shows that someone is receiving a benefit (a Tax Credit or benefits payment, for example) that they would not ordinarily be entitled to.
Fraud investigators have a wide range of powers which enable them to gather evidence in a number of ways, including surveillance, interviews, and document tracing. Under the new proposals, these powers will widen to include executing warrants, search and seizure of evidence and even making arrests.
Unfortunately, you won’t know the exact details of an investigation against you until you are told about it afterwards - which may be in court if you are charged with an offence.
There is a common misconception that the only people who get investigated for benefits fraud and other offences that involve the DWP are those who are openly scamming the system.
While the DWP does act on reports from the public, it also has its own sophisticated means of detecting when fraudulent activity might be taking place - which means anyone receiving benefits from the DWP could be investigated at any time.
What happens during a DWP investigation?
If the DWP is going to start a formal investigation against you, they will notify you either in writing, by telephone, or email, but this is typically done by post. One notified you will be told if you will receive a visit from a Fraud Investigation Officer, or if you need to attend an interview.
In the early stages of an investigation, you may not be told that one is underway until the DWP has assessed whether there is good reason to formally investigate a potential case of fraud. Many tip-offs and reports turn out to be false, so the DWP wants to make sure that they do not waste their time on a pointless investigation.
As soon as there is enough evidence of potential fraud, the DWP will launch an official investigation and notify you. DWP investigators are allowed to gather many types of evidence against a potentially fraudulent claimant.
Most common types of evidence
inspector reports from surveillance activities
photographs or videos
audio recordings
correspondence
financial data, including bank statements
interviews with you or people you know
any evidence submitted by those who reported you
One common form of benefit fraud is falsely reporting income, or failure to report it altogether. If you are claiming unemployment benefits but are seen to attend a workplace the DWP may talk to the business to find out exactly why you are there, what work you are doing and how much you are being paid.
Investigators may also check your social media accounts and search your online profiles for pictures, location check-ins, and other evidence which may or may not be useful to them. Those who use social media a lot will leave a trail of their life and habits, often allowing investigators to piece together a picture of what that person’s life actually looks like.
If this is not consistent with the details of that person’s claim for benefits, that evidence may end up being used against them.
What if I am falsely reported to the DWP?
Some studies suggest that there are around 140,000 false reports of benefit fraud each year. However, until the DWP decides that there is no case against you, there is nothing you can do except co-operate as best you can and remember that those found to have reported falsely through malicious reasons may end up being prosecuted.
If you are concerned about a current or future DWP investigation against you or someone you care about, seeking advice from a legal expert could help.
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