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Fraud policy

It is the policy of Salisbury District Council to:

• Minimise the opportunity for fraud throughout the Council Tax and Housing Benefit System.
• Actively tackle fraud where it occurs.
• Conduct fraud investigation in accordance with the council's Fraud Response Plan.
• Actively seek recovery of benefit overpayments.
• Prosecute wherever sufficient evidence is found and the circumstances of the case indicate that this is the correct course of action (see criteria for prosecution in the council's Fraud Response Plan).
• Utilise the fixed penalty. Under Sections 75/76 of the Social Security Administration Act 1992 a fixed penalty of 30% of the overpayment may be imposed and agreed as an alternative to prosecution where sufficient resources are evident and it is deemed inappropriate to prosecute.
• Participate in data-matching exercises and work closely with The Benefit Agency and other voluntary and public bodies to maximise benefit take up and minimise fraudulent claims.

Policy aims

It is the aim of The Revenues and Benefits Unit of Salisbury District Council to pay the right benefit to the right person at the right time.

This document outlines Salisbury District Council's policy on benefit fraud.

Fraud prosecution has, until now, been a joint action involving the Police, The Department of Works and Pensions or both. The Government's Green Paper. "Beating Fraud is Everyone's Business" (1998) clearly outlines the expected roles and responsibilities for Local Authorities to investigate and implement independent prosecution and/or impose enforcement penalties as a method of reducing fraud and abuse of the benefit system. The Government has also indicated that future National Performance Indicators will include target figures for independent Local Authority prosecutions.

Legal framework

The Social Security Administration (Fraud) Act 1997 places a statutory obligation upon Local Authorities to investigate and detect all allegations of fraud within the Council Tax and Housing Benefit System.

See also

• Targeting benefit fraud