Many LAs follow the DWP’s enforcement policy but they are not bound by it. LA officers acting as service providers for the Secretary of State and authorised under Section109A of the SSAA 1992 in SFIS pilots apply the DWP enforcement policy. The detection, prevention and punishment of benefit fraud is central to Government policy in tackling welfare payment fraud.
Evidence of hours/pay exceeding this self-imposed limit will often rebut this point, so will evidence demonstrating what was explained to the claimant. The courts can, however, take the notional calculation into account for the purpose of mitigation. In the former, Mr Justice Forbes stated, “There was the question of the Tax Credits to which she was entitled. We agree with Mr Cooke’s submission that the judge appears to have treated that consideration as irrelevant. In our judgment, it was a relevant consideration for the purposes of mitigation”.
In failure to report … Read More