The Department for Work and Pensions (DWP) has shed light on the extent to which investigators might engage with a claimant's neighbours during a benefit fraud probe.
A Freedom of Information (FOI) request sought clarity on the potential for neighbours to be approached or even to conduct video surveillance as part of an investigation into benefits claims. Tasked with distributing State Pension and welfare benefits, the DWP supports approximately 22.7 million individuals across Great Britain.
Recent statistics from the 2024 Fraud and Error in the Benefit System report indicate that overpayments due to benefit fraud have surged to £9.7 billion (3.7%) over the past year, up from £8.3 billion the previous year. Benefit fraud typically involves claimants receiving unemployment benefits while secretly working, or falsely asserting they live alone without financial support from a partner or spouse.
Omitting to notify the DWP of significant life changes, such as a partner moving in, changing address, or inheriting money after a relative's death, can also constitute "fraud by omission". Although DWP investigators are vested with considerable authority, the FOI response made it clear that the decision to "contact a neighbour of a suspect depends on the circumstances of each case", reports the Daily Record.
The DWP has clarified its investigative approach, stating: "During a DWP investigation we would not routinely seek information from a neighbour. There may be exceptional circumstances where they may provide a witness statement as investigators are required by law to pursue all reasonable lines of enquiry whether these point towards or away from a suspect."
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The DWP further explained that the goal of a criminal probe is to collect evidence to establish or refute whether a crime against the state and/or local authority has occurred and to pinpoint the perpetrator. In response to queries about neighbours being asked to carry out video surveillance on suspects, the DWP was clear, saying "this would not happen".
They elaborated, stating: "DWP carry out their own surveillance following strict guidelines laid down within the Regulation of Investigatory Powers Act 2000."
DWP fraud and error review 2024/25
During the current financial year, the DWP will measure a sample of claims from six specific benefits as part of its fraud and error exercise for 2024.
The DWP will be measuring the following benefits for fraud and error:
- Universal Credit
- Housing Benefit (pension age, passported cases)
- Pension Credit
- State Pension
- Personal Independence Payment (PIP)
- Carer’s Allowance
Common examples of benefit fraud
faking an illness or injury to get unemployment or disability benefits
failing to report income from a business or employment to make income seem lower than it actually is
living with someone who contributes to the household income without declaring that income to the authorities
falsifying accounts to make it seem like a person has less money than they say they do
In each circumstance, the DWP will need evidence that shows that someone is receiving a benefit (a Tax Credits or benefits payment, for example) that they would not ordinarily be entitled to.
Fraud investigators have a wide range of powers which enable them to gather evidence in a number of ways, including surveillance, interviews, and document tracing. Under the new proposals, these powers will widen to include executing warrants, search and seizure of evidence and even making arrests.
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Unfortunately, you won’t know the exact details of an investigation against you until you are told about it afterwards - which may be in court if you are charged with an offence.
There is a common misconception that the only people who get investigated for benefits fraud and other offences that involve the DWP are those who are openly scamming the system.
While the DWP does act on reports from the public, it also has its own sophisticated means of detecting when fraudulent activity might be taking place - which means anyone receiving benefits from the DWP could be investigated at any time.
What happens during a DWP investigation?
If the DWP is going to start a formal investigation against you, they will notify you either in writing, by telephone, or email - this is typically done through the post.
When you are notified, you will also be told whether you are to receive a visit from a Fraud Investigation Officer (FIO), or whether they require you to attend an interview.
In the early stages of an investigation, you may not be told that one is underway until the DWP has assessed whether there is good reason to formally investigate a potential case of fraud.
Many tip-offs and reports turn out to be false, so the DWP wants to make sure that they do not waste their time on a pointless investigation. As soon as there is enough evidence of potential fraud, the DWP will launch an official investigation and notify you.
DWP investigators are allowed to gather many types of evidence against a potentially fraudulent claimant.
Most common types of evidence
inspector reports from surveillance activities
photographs or videos
audio recordings
correspondence
financial data, including bank statements
interviews with you or people you know
any evidence submitted by those who reported you
One common form of benefit fraud is falsely reporting income, or failure to report it altogether. If you are claiming unemployment benefits but are seen to attend a workplace, the DWP may talk to the owner or manager of that business to find out exactly why you are there, what work you are doing and how much you are being paid.
Investigators may also check your social media accounts and search your online profiles for pictures, location check-ins, and other evidence which may or may not be useful to them. Those who use social media a lot will leave a trail of their life and habits, often allowing investigators to piece together a picture of what that person’s life actually looks like.
If this is not consistent with the details of that person’s claim for benefits, that evidence may end up being used against them.
What if I am falsely reported to the DWP?
False reports of benefit fraud are common in the UK, with some studies indicating there are around 140,000 made each year. Until the DWP determines that there is no case against you, there is little you can do. Co-operate as best as you can and remember that those found to have reported falsely through malicious reasons may end up being prosecuted.
If you are concerned about a current or future DWP investigation against you or someone you care about, seeking advice from a legal expert could help.
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