Penalties for benefit fraud to get harsher
Benefit cheats in Scotland could feel the full force of the law, following a recent appeal court judgment.
- By Joy Watters
- Published in the Courier : 03.11.10
- Published online : 03.11.10 @ 04.03pm
The greedier the fraudster, the greater the penalty, with judges recommending up to seven years behind bars for sums above £20,000.
Sentences handed down to fraudsters have varied widely from court to court, the judgment acknowledges. They say there is a need for guidelines to clarify the matter and their expectations for future penalties warn those planning to steal from the state.
It is the second recent volley launched at the fraudsters targeted in the government's new fraud and error strategy.
Chancellor George Osborne outlined proposals to trim the welfare bill, including greater efforts to combat fraud. In the UK, a staggering £1.5 billion is lost through fraud in benefits and tax credits, two-thirds of it benefits fraud.
In Dundee, latest council figures show fraudulent benefit claims trebled in the past year, with overpayments totalling £213,410.
The largest amount of fraudulent claims, some £23,291, related to housing benefit. Fraudulent council tax benefit claims amounted to £5634. If overpayments by the Department of Work and Pensions are added, the city fraud figure rises to £364,292.
Caseload increasing
Sheriff courts are handling ever more benefit fraud cases, with fraudsters being tracked down often due to their brass neck. A recent city prosecution concerned a father who claimed benefit for his child despite the youngster being earlier taken into care by the local authority.
A recent Appeal Court judgment dealt with appeals against sentence by three women who admitted at Glasgow Sheriff Court failing to notify the DWP that they were earning and no longer entitled to certain benefits. The maximum penalty for this is seven years' imprisonment on indictment and 12 months if prosecuted summarily. Most prosecutions in Scottish courts are the latter when cases come before a sheriff rather than sheriff and jury.
The women's appeals came before three judges, Lords Carloway, Hardie and Malcolm, who noted the divergence of sentencing in several previous cases. In one, an 18-month sentence was considered reasonable for a £21,329 housing benefit fraud by an ill 60-year-old man.
A 52-year-old with no previous convictions and a good work record convicted of a £3500 benefit fraud was jailed for nine months. But community service was deemed sufficient for an £11,000 benefit fraud by a woman aged 49.
The judgment describes a case last year as "even more divergent." In this, an eight-month sentence for two charges involving a total of £18,939 in Jobseeker's Allowance and housing benefit was quashed. Probation with 240 hours work in the community was substituted for the 48-year-old female appellant.
The court also looked at cases from England and the sentencing guidelines for fraud.
11.40pm - 03.11.2010 Mike - Monifieth , Scotland Report This
all cases where someone claims benefits they are not entitled to should result in a jail sentance, no matter how small or big, shorter sentences for small amouts and years inside for large amouts. only way to eradicate this cancer from our streets
09.13am - 04.11.2010 Dog lover - Dundee, Scotland Report This
They should also be disqualified from claiming further benefits and be made to repay every penny.
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