What happens after a benefit fraud interview by the Department for Work & Pensions?

If you have been interviewed under caution for a benefit or tax credit offence it can feel like a long wait for a decision to be reached by the DWP whether or not they intend to take further action against you.

We always advise our clients to seek legal advice as soon as they receive a letter from the DWP asking you to attend an interview as we can attend the interview under caution with you, you do not have to face this alone.

We also assist clients who did attend their interview under caution alone, not appreciating the significance of the interview and feel that they need post interview under caution advice.

No matter what stage of your case you are at, we can help.

If you are waiting to hear from the DWP we can contact the investigator on your behalf for an update on your case. We may be able to make representations on your behalf to persuade them not to take your case further or if they are looking to proceed further we can start your case preparation early.

Our experience reveals that one of the biggest worries for people who are under investigation is the unknown, not knowing what is likely to happen next, we can help you understand the next stages – some of the DWP post interview options are detailed below for you –

What happens after a Benefit Fraud interview?

The evidence obtained from the interview, including the audio recording will be passed to a senior officer from the DWP. If it is decided that they do not wish to take any further action against you you should be advised of this as soon as possible (the law says that this should be as soon as the decision is made). If, however they decide that it is in the public interest to take further action they will decide what action they intend to take which can include the following:

- Prosecution – This means that the case will be referred to the criminal courts and should you plead Guilty or be found Guilty who will have a criminal record; or

- An Administrative Penalty – This is an agreement for you to repay the amount of benefits overpaid with an additional amount in addition as the ‘penalty’. If you agree to pay this amount the DWP will not prosecute you. An Administrative Penalty is not a criminal record.

Why not book in for a virtual consultation with Lucinda Dore our specialist Benefit Fraud solicitor? Lucinda has built a strong reputation for Benefit Fraud defence representation. She has been representing clients facing Benefit Fraud investigations and prosecutions for over 20 years. She can assist you no matter where you are in the county and always try to fit you in as soon as possible at a time convenient for you. Lucinda can be contacted via email lucinda@ldlegalservices.co.uk, telephone 03332420691 or Whatsapp Business 07418608916.