Benefit Fraud Sentencing
Because of the credit crunch and recession, the Government has tripled its resources into Benefit Fraud and Tax Credit Fraud enquiries.
It is not when if they catch you but when.
Consult the experts. For more information or a free legal opinion telephone 020-7381-8111 (24 hour service) or email law@rhplaw.co.uk
People break the law for all sorts of reasons. For some, the pressures of family life can push them into situations from which they find it hard to escape from.
At Hylton-Potts we understand this and how sometimes people can get themselves into unfortunate situations. The work we do is more than just a job for us and we work tirelessly to always get the best outcome for our client.
Benefit Fraud Sentencing Guidelines
Prosecutions take place for fraud for as little as £2,000 and on conviction a Community Service order or fine is usually imposed a first offence.
Between £5,000 and £20,000, there is usually an immediate custodial sentence of three months, for the first offence.
For cases involving benefit overpayment of over £20,000, a custodial sentence of around 9-12 months will normally be imposed.
It is now if they catch you but when.
Our job is to change that.
Large-scale benefit fraud can result in sentences of over 30 months. A jail sentence can contain a deterrent element and make ‘examples’ of people.
We mitigate penalties for our clients by off-setting the amount of benefits they have legitimately received against the amount of overpayment claimed. We work out the correct levels of claims and investigate our client’s circumstances. This can reduce the amount of overpayment up to 80%
Mitigation can reduce any sentence and guilty plea will always do this. In cases of benefit fraud, extra factors that are taken into account are the amount of time over which the fraud occurred and the total amount. Character evidence and voluntary repayments will also be taken into account.
Hylton-Potts – We can help – We are on your side
At Hylton-Potts we can avoid a sentence by making representations as to the circumstances of the offence and how the fraud began, what the money was spent on and particular special matters relevant such as family breakdown, illness or disability. If a client has committed a benefit fraud in order to feed their young family, then we can ensure this is taken into account in sentencing and given full consideration by the court.
Pressure from others such as bullying by partners, forced marriages, not understanding the regulations, poor English, medical problems and full cooperation, are all factors we can help you with, to get the best possible result.
We can help you even if the prosecution process has started.
We have great success in getting the DWP, to look at cases again, and exchange a civil penalty, for a criminal prosecution, even if one has begun and a summons has been served.
