Housing Benefit/Council Tax Benefit Sanction Policy
The Council, through the Corporate Anti Fraud and Corruption Policy and the Housing Benefit and Council Tax Benefit Anti-Fraud Strategy, has expressed its commitment to developing and implementing measures to prevent and detect benefit fraud.
The Council is committed to protecting public funds and takes the view that a "zero tolerance" approach is appropriate against those who are found to be guilty of benefit fraud. It recognises that the knowing or dishonest submission of incorrect or incomplete information by an individual or his failure to promptly report a change of circumstances that may affect entitlement to benefit are criminal offences and that such offences will merit the consideration of a sanction.
This policy procedure provides guidelines for officers in the implementation of the Sanction Policy. However, the Council, through its officers given delegated authority will use its discretion in all Sanction Policy decisions and will deal with each case on its merits.
Sanction Options Available Post Interview Under Caution
The Council is able to consider a number of possible alternatives as a means of dealing with individuals against whom, after Interview under Caution, it believes sufficient evidence exists to meet the requirement for prosecution.
If the overpayment of benefit is less than £2000 the Council will, in most cases consider the issue of a Local Authority Caution or an Administrative Penalty. Where the amount of money obtained is £2000 or greater then prosecution of the offender will be considered.
In all cases the individual shall be required to repay any benefit incorrectly claimed. The Council will vigorously pursue all such overpayments taking all necessary action to recover the monies obtained, associated penalties and costs.
Local Authority Caution
The issuing of a Local Authority Caution will be considered where,
It was the individuals first offence
The amount of the overpayment of benefit is less than £2000
The offence or offences have been admitted
Administrative Penalty
An Administrative Penalty will be considered where
It was the individuals first offence
The amount of the overpayment of benefit is less that £2000 but greater than £50.
In such cases the Council will offer a penalty of 30% of the overpayment.
Prosecution
Prosecution will be the first sanction to be considered in all cases where;
the overpayment
exceeds £2000 there have been previous relevant offences by the individual
Further, refusal by the individual of one of the lesser sanctions, namely Administrative Penalty or Caution, will automatically lead to the case being referred for prosecution.
The Council will, in deciding which sanction is applicable, have a view to certain influencing factors. Such factors will include
Blatancy of the offence
Planning involved
Others being involved in the fraud
Absence of genuine financial hardship
Application of the Public Interest Test
These factors may carry such weight as to make prosecution the first sanction considered in cases that would usually fall to be disposed of by way of Caution or Administrative Penalty.
Further where fraud involves an individual working for the Council in any capacity or as an elected Member, prosecution will usually follow
NB. Some cases will not fall into any category, however, each case will be considered on its merits and action will be considered as appropriate in each circumstance.
