Council will take benefit cheats to court
WEST Norfolk Council will in future look to prosecute benefit cheats who clock up more than £2,000 in overpayments.
And it will also consider taking to court people with less than 2,000 in benefits to which they are not entitled if they have previously been involved in such fraud or it is deemed in the public interest.
Members of the council’s resources and performance panel audit and risk committee recently endorsed the new levels, which tie in with those currently used by the Department of Work and Pensions, after hearing a report from their benefits investigation manager.
They were told that in most cases involving overpayments of less than 2,000, a simple caution might be given if the offence had been admitted or an administration penalty of 30 per cent of the overpayment might be offered.
Concern has been shown over the low level of costs awarded to the council when it successfully prosecutes benefit cheats in the courts.
Borough councillor Roy Groom told the council’s resources and performance panel audit and risk committee that he was “astounded” that the courts only awarded the authority 100 in costs as a general rule.
He referred to external solicitors’ charges per hour and said the council’s benefits investigation officers had to prepare the details for each prosecution and make out a strong case, which took time.
And Mr Groom said that in some instances the council not only paid for the costs of the prosecution but also an amount of the victims’ costs.
He said the officers should “challenge the courts” and appeal the amount awarded in prosecution costs. He considered each case should be decided on its own merits – and the costs should reflect this.
Mr Groom raised his worries during the annual report on the work of the council’s benefit investigations unit in detecting and preventing benefit fraud.
In response, the investigations manager said the officers’ hands were tied by the courts’ decisions.
And he said there could be a problem in appealing against them as prosecution cases were generally taken to court jointly with the Department of Work and Pensions, or on the same day, and they also generally received 100 prosecution costs per case.
It was agreed that the officers should liaise with the DWP over the 100 threshold question and a follow-up report brought back to the committee for consideration in three months. Members were told the council recovers about 40 per cent of the money received in overpayments by people cheating the benefits system.
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Sunday 27 May 2012
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