Being accused of benefit fraud is one of the most stressful experiences a claimant can face. A letter from the Department for Work and Pensions (DWP) or your local authority may arrive without warning, demanding repayment of thousands of pounds or requiring you to attend an Interview Under Caution (IUC). In more serious cases, you may even face criminal prosecution.
At Specialist Solicitor, our team of expert Benefit Fraud Solicitors have over 20 years of experience defending clients across England and Wales. We are nationally recognised for our ability to stop unfair investigations, reduce or cancel overpayments, and win cases at tribunal.
We understand that many allegations of benefit fraud arise from genuine mistakes — not deliberate dishonesty. That’s why we fight to protect your rights, secure your benefits, and achieve the best possible outcome.
Call 020 3972 9011 today for urgent legal advice from expert Benefit Fraud Solicitors.
Benefit fraud is when the DWP or a local council alleges that you deliberately misled them to claim benefits you were not entitled to. Importantly, it is different from an overpayment, which may result from error, confusion, or misunderstanding rather than fraud.
Failing to declare a change of circumstances (for example, moving in with a partner).
Claiming sickness or disability benefits while working or self-employed.
Receiving Housing Benefit for an address where you no longer live.
Not declaring income, savings, or household members.
Allegations of contrived or non-commercial tenancies.
The key difference between error and fraud is intent. However, the DWP often treats mistakes as deliberate fraud. That’s where having experienced Benefit Fraud Solicitor makes all the difference.
Investigations can begin suddenly and without warning. The DWP uses several methods to identify alleged fraud, including:
Anonymous reports – often from neighbours, ex-partners, or colleagues.
Data matching – cross-referencing HMRC, bank accounts, and council records.
Routine checks – discrepancies spotted during reassessments or reviews.
Compliance letters – requests for further information or interviews.
Surveillance – monitoring your movements or social media activity.
Even if you have done nothing wrong, the process is intimidating. Early legal advice is the best way to stop a case from escalating.
A compliance request is usually the first step in an investigation. This is a letter asking you to provide documents or attend a meeting. While it might appear informal, the information you provide can be used against you.
Our Benefit Fraud Solicitors can help by:
Reviewing the compliance letter to explain what is being asked.
Advising what information you should or should not provide.
Attending compliance interviews with you.
Preventing escalation to a criminal fraud investigation.
Tip: Never ignore a compliance request. Silence often makes the DWP more suspicious. Always seek legal advice before responding.
An Interview Under Caution (IUC) is a formal interview under the Police and Criminal Evidence Act (PACE). Anything you say can be used as evidence in court. You will usually receive a letter stating:
“You are suspected of committing a criminal offence. You are required to attend an interview under caution.”
Attending without representation is a serious mistake. Many clients unintentionally damage their defence at this stage.
I will make sure that we:
Prepare you fully for the interview.
Attend with you and protect your rights.
Advise when to answer, remain silent, or clarify evidence.
Stop unfair or inappropriate questioning.
With expert representation, an IUC often ends without prosecution.
Housing Benefit fraud is a common accusation, often involving claims of:
Failing to declare income or savings.
Cohabiting with a partner while claiming as single.
Subletting without notifying the council.
Contrived tenancy – when a tenancy is alleged to be artificial or non-commercial.
A contrived non-commercial tenancy is where the DWP alleges a rental agreement was created only to claim Housing Benefit. Examples include:
Renting from close family without a genuine landlord-tenant arrangement.
Inflated rent far above market rates.
No real expectation of rent being paid.
Backdated tenancy agreements.
Our solicitors are specialists in challenging contrived tenancy allegations. We gather tenancy agreements, rent payment evidence, and witness statements to prove your arrangement is genuine.
Even if no fraud is proven, the DWP may demand repayment of alleged overpaid benefits. These claims are often exaggerated or incorrect.
We regularly:
Challenge the validity of overpayment calculations.
Reduce the amount owed where possible.
Negotiate affordable repayment arrangements.
Prevent recovery where the overpayment was not your fault.
In many cases, we have reduced demands of tens of thousands of pounds to only a fraction of the original claim.
If you disagree with a DWP decision, you have a legal right to appeal. Our solicitors guide you through every stage:
Mandatory Reconsideration (MR): A request for the DWP to review their decision.
First-tier Tribunal: An independent panel assesses the evidence and makes a decision.
Upper Tribunal: Further appeal if there has been an error of law.
We prepare robust written submissions, gather supporting medical and financial evidence, and represent you in person. With over two decades of success in benefit appeals, we give you the strongest possible chance of overturning an unfair decision.
25+ years of experience in welfare benefits and fraud defence.
Proven track record of winning appeals and reducing overpayments.
Nationwide coverage – representing clients across England & Wales.
Personal service – direct access to a senior solicitor, not call centres.
Fixed, transparent fees – no hidden costs.
We don’t just defend allegations — we protect your future.
Case Study 1: ESA Overpayment Reduced
Client accused of failing to declare part-time work. DWP claimed £18,000 overpayment. We reduced it to £2,500.
Case Study 2: Tribunal Appeal Won
Single mother accused of cohabitation. Tribunal restored her Housing Benefit and cancelled the fraud allegation.
Case Study 3: Compliance Interview Support
Client called to a DWP compliance interview for PIP. We attended, clarified evidence, and the case was dropped.
Case Study 4: Contrived Tenancy Challenge
Council alleged family tenancy was artificial. We provided bank statements and rent receipts, and the investigation was closed.
What is benefit fraud?
The DWP may accuse you of deliberately misleading them to claim benefits. This is called benefit fraud. It differs from an overpayment, which usually happens because of a genuine mistake.
Contact a solicitor immediately. If you respond incorrectly, the case can quickly escalate into a fraud investigation.
Yes. Anything you say in an IUC can later appear as evidence in court. A solicitor attends with you, protects your defence, and ensures the process stays fair.
Yes, in the most serious cases. However, many cases end without prosecution when you have the right legal defence.
Not always. We regularly challenge overpayments, reduce the amount, or show that the DWP should not recover it at all.
Some compliance checks finish quickly. Appeals and tribunals may last several months. The earlier you seek legal advice, the faster and smoother the process becomes.
Yes. We represent clients across England and Wales through phone, video call, or in-person meetings.
Legal Aid may apply in criminal benefit fraud prosecutions. But for compliance checks and tribunals, Legal Aid is not available, but we offer clear and affordable fixed fees.
If you are under investigation for benefit fraud, facing an Interview Under Caution, or challenging a DWP decision, do not delay. The sooner you get legal advice, the stronger your defence will be.
Call 020 3972 9011 or fill out our enquiry form to get immediate advice from expert Benefit Fraud Solicitors.
We represent clients nationwide and are ready to protect your benefits today.