The Council’s anti-fraud policy represents a commitment by the Council to implement a robust Anti-Fraud Strategy in order to protect public funds and to ensure benefits are paid to those who have a true entitlement to them.
The Council will maintain a Benefits Anti-Fraud Team, which will include Benefit Inspectors who have the Power of Entry and Inspection under Section 110 of Social Security Administration Act 1992.
Sanction/Prosecution targets for the Anti-Fraud Team will be set and monitored within the Revenues and Benefits Business Plan.
The Council will prosecute all appropriate cases (see Prosecution Policy) and will use the Councils Legal Services staff to bring these cases to court. The Department for Work and Pensions Legal Services may in agreed cases, prosecute on behalf of the Council.
The Housing Benefit/Council Tax benefit application form will be reviewed annually to ensure questions are in plain English and the form will make clear that misinformation could lead to prosecution.
The Council will verify all information entered on a benefit application form.
The Council will visit customers in their home where appropriate, to confirm customers personal circumstances and residence.
The Council will maintain and advertise a Private & Confidential Hot Line to enable members of the public to report their concerns.
The Council will maintain and advertise an on-line ‘Report of suspected Fraud’ referral form from the Councils Internet site.
The Council will invite those who feel they have entitlement to benefit to apply and discourage those who might seek to defraud the system. The Council will name prosecuted benefit offenders in the local press.
The Council recognises that a few Landlords do defraud or attempt to defraud the Benefit System. The Council will therefore expect Fraud Officers to use reasonable powers under the Housing Benefit (Information from Landlords and Agents) Regulations 1997 to obtain information from Landlords and Agents.
The Council will investigate allegations of fraud referred through whatever means and will encourage whistle blowing.
The Council will undertake six monthly checks on all properties in the Register of Interests.
The Council will run Data Matching exercises with the Department for Work and Pensions (DWP) and the Audit Commissions National Fraud Initiative (NFI) to compare Housing Benefit and Council Tax Benefit data against other data sources, whilst observing the Data Protection Act 1998 and the Information Commissioners advice.
The Council will undertake specific fraud drives by working with other Councils and organisations (e.g. the Police/DWP)
The Council will undertake targeted fraud campaigns each year.
The Councils Benefit Service Anti-Fraud Team will monitor and record all fraud referrals on Management Software known as FIMS (Fraud Investigation Management System)
The Council will observe the Police and Criminal Evidence Act Codes of Conduct, Human Rights Act, Regulations of Investigatory Powers, Criminal Procedures and Investigations Act in investigations and current welfare benefits legislation.
The Council will subscribe to publications and appropriate organisations to maintain knowledge of current fraud issues.
The Council will ensure its Fraud staff are fully trained and maintain an up to date knowledge of fraud issues. All fraud investigators will be PINS (Professionalism in Security) accredited.
Fraudulent overpayments will be recovered via the Overpayments Team situated within the Benefits Services Division using existing recovery procedures.
