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Benefits Service |
| Torbay Council | |
Town Hall | |
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ebvit @torbay.gov.uk |
 | 0800 7312731 |
 | 01803 207122 |
| Additional Contact Details | |
Benefit Fraud Prevention / Detection
Torbay Council is very committed to tackling Benefit Fraud and has a number of tools to assist with these aims.
These include:
Use of Data Matching
This can indicate whether a Benefit Customer is concealing their true set of circumstances to a Local Authority. An example would be a customer who has started work, informed the Inland Revenue but failed to advise the Local Authority of this fact.
High Risk Interventions
The Department of Work and Pensions provides Local Authorities on a regular basis, details of claims that may be a risk to the local benefit system. These risks include Benefit Customers vacating addresses, starting work (or having increased earnings) and receiving undeclared Occupational Pensions.
The Department of Work and Pensions are continually developing products to identify customers who fail to declare changes in their circumstances and this in turn enables Local Authorities to identify potential benefit fraud.
Do Not Redirect Service
If a Benefit Customer vacates an address and fails to inform the Local Authority but places a redirection order on their post, all benefit related post to the customer is returned to the relevant Local Authority for further investigation.
Joint Working / Liaison with the Department for Work & Pensions (DWP)
The Investigations Team works closely with their opposite numbers in the DWP as many allegations involve both Housing / Council Tax Benefit and DWP administered benefits such as Income Support and Income Based Job Seekers Allowance. The exchange of information between the offices is very important when carrying out enquiries. A joint exercise can very often have positive results that would not have been achieved by either organisation working in isolation.
Surveillance
Local Authorities are able to use surveillance in appropriate cases, however this has to be undertaken in accordance with the law and has to be authorised.
Authorised Officer Powers
Local Authorities are able to obtain employment details and other information benefit fraudsters attempt to conceal, by using this legislation.
NAFN
The National Anti Fraud Network - this organisation can legally obtain information which can assist investigators with their duties.
Types of Housing Benefit/Council Tax Benefit Fraud
- Working & Claiming
Usually involves claimants who are in receipt of Housing Benefit/Council Tax benefit on the basis of entitlement to Job Seekers Allowance/Income Support and are in fact working.
Any cases that arise in these circumstances will usually involve a joint exercise between the Council and the Benefits Agency. - Non Disclosure of Property/Capital
Where the claimant fails to declare either savings/capital or the ownership of another property/land elsewhere (for which they may be receiving rent). - Non Disclosure of Income
Where the claimant fails to declare all of their income knowing the non-declaration will increase their benefit award. - Non Disclosure of Partner
Again usually involves a claimant on Income Support/Job Seekers Allowance failing to declare the presence of a partner who is working, knowing this would preclude their entitlement. - Non-declaration of Non-dependants or Sub Tenants
Where the claimant fails to declare the presence of other adults in the property in order to preserve or increase entitlement to benefit. - False Claims by Home Owners
Where the owner of a property falsely claims stating that they are in fact paying rent for the property and inventing a fictitious landlord. In these circumstances false rent books, Tenancy Agreements are provided. - Failing to Declare Change of Address
Where the claimant fails to declare that he/she has moved but continues to accept payments of Housing Benefit for the address. - False Address Fraud
This may occur where the claimant is claiming for an address at which they are not in fact living. These types of offences may occur with the collusion of the landlord or other tenants. - Landlord Fraud
Where a landlord continues to receive benefit paid direct to him/herself for a period after which he/she is aware that the claimant has left the premises. Where the landlord has access to more than one property there is the potential to move tenants around without informing the Local Authority.
There are many ways other ways that Landlords and Managing Agents can defraud the benefit system, particularly in areas where there are a large proportion of Multiple Occupation houses and Seasonal Workers, looking for short-term lets.
Sanction Policy
Torbay Council has a member approved Sanction Policy. This enables fair and consistent decisions to be made on the appropriate course of action to be taken against a person when Benefit Fraud has been established.
Sanctions are a range of options open to Local Authorities and include prosecution, financial penalty and formal caution.
Staff
To implement the above tools Torbay Council has a team of highly trained and dedicated investigators and visiting staff who actively police the benefit system.
These staff provide training and awareness regarding prevention, detection and other relevant issues to Local Autority staff and outside organisation.
Results for 2006/07
Staff are highly committed to this area of work and the following sanctions were successfully administered in 2006/07: -
- Prosecutions - 12 cases were successfully prosecuted in a Court of Law.
- Administration Penalty - 41 offered and accepted. (this is a 30% financial penalty relating to the fraudulently overpaid benefit and is offered in lieu of prosecution)
- Formal Caution - 13 formal cautions offered and accepted.
Benefit Fraud Hotline
The team is trying to maintain interest in its own hotline despite the Department of Work and Pensions own national campaign.
If you wish to report a benefit fraud the Council has a dedicated Fraud Hotline, the number is free, confidential and available 24 hours a day.
The number to call is 0800 731 2 731
General
It is felt that the public is very much more aware that the Authority punishes Benefit Fraud in a consistent and serious manner. This continues to encourage a number of high quality referrals from the general public which are worthy of further investigation.
We need your help to address benefit fraud by ringing the Benefit Fraud Hotline.