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Benefit fraud

Fraud and financial crime — practical elements, sentencing links and station notes for accredited reps in England & Wales.

Fraud and financial crime

Benefit fraud

Social Security Administration Act 1992 / Fraud Act 2006 (as charged)

England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.

Triable
Either way
Maximum penalty
7 years’ custody

Actus reus

  • Often Social Security Administration Act 1992, s.111A (dishonestly making a false statement or producing a false document to obtain benefit) or a Fraud Act 2006, s.1/s.2 charge. Read the sheet.

Mens rea

  • s.111A: dishonesty. Fraud Act charges use the s.2 knowledge/intent structure and Ivey dishonesty.

Defences

Statement or document not false · Not dishonest · No obtaining / no intent to obtain the benefit as charged · Wrong Act charged — check whether this is s.111A or Fraud Act

Sentencing Council

Sentencing Council guideline effective 1 October 2014. Offence range: Discharge – 6 years 6 months’ custody False representations for obtaining benefit etc , Social Security Administr.

View definitive guideline ↗

At the police station

Claim files and bank credits are the disclosure. Do not treat every overpayment as s.111A.

When to involve a rep or solicitor

Police station advice is free under legal aid and is not means-tested.

Authoritative sources for this page

Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.

More in Fraud and financial crime

Back to the full offences index

Sources & further reading

Links are to official publishers (legislation, gov.uk, CPS, LAA, Sentencing Council). Case law on this site is limited to entries in our verified case-law registry. Always confirm the current version before relying on it in live advice.