Benefit Fraud (Section 111A Social Security Administration Act 1992)

Benefit Fraud is an offence under s.111A Social Security Administration Act 1992. A person is guilty of the offence if he dishonestly makes a false statement or representation, or produces or furnishes, or causes or allows to be produced or furnished, any document or information which is false in a material particular, with the view to obtaining any benefit or other payment or advantage under the relevant social security legislation or a non-benefit payment, whether for himself or for some other person (s.111A(1)). Further offences under s.111A(1A) to (1E) cover a person who knows of a change of circumstances affecting an entitlement and dishonestly fails to give, or dishonestly causes or allows another to fail to give, a prompt notification of it in the prescribed manner. Maximum sentence: on conviction on indictment, imprisonment for a term not exceeding seven years, or a fine, or both; on summary conviction, imprisonment for a term not exceeding six months, or a fine not exceeding the statutory maximum, or both (s.111A(3)). The lesser offence under s.112, where the person knows the statement, representation, document or information to be false but dishonesty is not an element, is triable summarily only, with a maximum of a fine not exceeding level 5 on the standard scale, or imprisonment for a term not exceeding 3 months, or both (s.112(1) and (2)).

In practice

This is an either-way offence: it may be tried at the magistrates' court or the Crown Court. Mode of trial depends on the seriousness and the defendant's election. The suspect must be cautioned in accordance with Code C PACE 1984 before any questions about the offence are put to them. Interviews must be audio-recorded (Code E) or, for indictable offences, may be visually recorded (Code F).