Crackdown on benefit fraud: make sure you’re not committing fraud by omission

The Department for Work and Pensions (DWP) – the government branch that deals with most welfare and benefits payments – have ramped up measures to tackle benefit fraud in recent months.

Over the last year, benefit overpayments have amounted to £9.7bn across England, Scotland, and Wales, DWP say.

In April 2024, former PM Rishi Sunak unveiled a bill that would mean treating benefit fraud like tax fraud. DWP then announced in May they were expanding plans to tackle universal credit fraud and error.

As part of the new measures, DWP want to hire 2,500 external agents to investigate UC-related fraud. They also plan to bring in civil fines and new AI tools to detect fraud.

Some common types of benefit frauds include:

• falsely reporting or failing to report income
• claiming unemployment benefits while employed
• faking an illness or injury to get unemployment or disability benefits
• not declaring you live with someone who contributes to the household income
• falsifying accounts to make it seem like you have less money than you do

How to avoid committing fraud by omission

Sometimes you might commit fraud unintentionally – for example, by forgetting to update DWP about a change in your situation. You may be committing fraud by omission if you don’t report:

• you’ve moved in with a partner who supports you financially
• you’ve moved home
• a relative has died and left you some money

To avoid getting into trouble, make sure you let DWP know when you have a change of circumstances.

What happens in a DWP investigation?

DWP will notify you in writing, by telephone or by email when they are starting a formal investigation.

If you’re under investigation, you’ll be told whether you’ll receive a visit from a fraud investigation officer (FIO) or whether you’ll need to attend an interview.

During a criminal investigation, DWP gathers evidence to determine whether any fraud has taken place. Investigators have the power to set up surveillance, conduct interviews and trace documents.

DWP investigators have the right to gather various types of evidence, including photos or videos, audio recordings, emails, bank statements, interviews and surveillance reports. They can check social media accounts for location check-ins, pictures and any other evidence they can use.

Investigators might also speak to the owner or manager of a business if someone has been accused of working despite receiving unemployment benefits.

What happens if you get falsely accused?

Studies have found there are around 140,000 false reports of benefit fraud each year.

If you’ve been falsely accused, you should cooperate as best you can with the investigation until DWP determine there is no case against you.

Seeking advice from a legal expert could help. Those who falsely accuse someone of benefit fraud maliciously may be prosecuted.