What People Say About Me

Asha
Great experience

Prakash Ruparelia was extremely knowledgeable about my benefits issue, where other firms had not been able to help me. He was communicative and reassuring, and provided sound advice that helped me to avoid issues further down the line. I would recommend his services.

Elisabeth
Pensions advice

I highly recommend Prakash Ruparelia from Scott-Moncrieff & Associates. He helped my mother to find a prompt and cost-effective way of resolving her case. At each stage of legal process Prakash gave clear and concise advice and provided an honest appraisal about the merits of our case. This helped us to make informed decisions about what steps to take. Always calm and well-prepared, Prakash worked tirelessly to achieve a brilliant result for us.

Mussarat
M. Zeban

I was very fortunate to have found Prakash Ruparelia to help me. I was going through a bad time physically and mentally to deal with my claim.he made the process so easy and efficient. He is a very honest and professional at what he does . I’m very appreciative of his help.

Julian
PIP 1st Tier Tribunal Appeal

I would like to thank Prakash Ruparelia for preparing appeal and representing my son at the PIP Tribunal last week. It was really helpful to have his expert guidance and reassurance throughout what has been a difficult and stressful process. The appeal was successful.

Anna
Pip appeal / Tribunal

I had a fantastic experience with Scott-Moncrieff & Associates, my named solicitor was Prakash Ruparelia, he was very knowledgeable/ experienced in the process of personal independence payments appeals, he guided me through the process, reassuring me at all times. He was professional and communication was key for me, he always responded to any queries I had.

I would highly recommend their services and wouldn’t hesitate to use them again.

Benefit Fraud Appeals

Benefit Fraud Appeals: Understanding the Process and Seeking Legal Assistance

If you are suspected of benefit fraud or under investigation by the Department for Work and Pensions (DWP) or Local Authority Compliance Team, seeking legal advice from expert benefit fraud solicitors is crucial. A solicitor can help you appeal benefit fraud allegations at the First-Tier Tribunal (Social Security and Child Support).

The Rise in Benefit Fraud Investigations

The DWP and local authorities have significantly increased their efforts to combat benefit fraud. The media frequently reports high-profile benefit fraud cases, and the government has allocated more resources to fraud investigation officers. As a result, there has been a sharp rise in DWP fraud investigations, leading to an increase in benefit fraud appeals at the First-Tier Tribunal.

The public can report suspected fraud via Report Benefit Fraud – GOV.UK. This system, managed by the DWP and HM Revenue & Customs (HMRC), has contributed to the growing number of investigations.

What to Expect in a Benefit Fraud Investigation

Benefit fraud investigations typically start with a letter from the DWP or local authority compliance officer. This may invite you to a criminal investigation interview, known as an Interview Under Caution (IUC), or a Customer Compliance Interview (CCI). More infromation about a benefit fraud interview can be found at this link benefit fraud interview page.

If you receive such a letter, seek legal advice immediately. A solicitor can assist in challenging allegations and, if necessary, lodge a benefit fraud appeal to protect your rights and prevent loss of benefits or prosecution.

Common Types of Benefit Fraud

Benefit fraud allegations often fall under one of the following categories:

1. Misrepresentation of Financial Circumstances

  • Failing to declare savings, income, or assets to the DWP or local authority.
  • Continuing to claim means-tested benefits after a financial improvement.

2. Providing False Information About Household Status

  • Claiming benefits as a lone parent while living with a partner.
  • Not declaring other adults living in the household.

3. Using False Documentation

  • Submitting fake passports, driving licences, or identity documents to claim benefits.

4. Failing to Report a Change in Circumstances

  • Not informing the DWP of increased capital or income.
  • Failing to disclose health improvements affecting eligibility for Disability Living Allowance (DLA), Personal Independence Payment (PIP), Employment Support Allowance (ESA), or Universal Credit (UC).

Disability Benefit Fraud

Allegations of disability benefit fraud can lead to serious penalties, including large fines or imprisonment. Common accusations include:

  • Exaggerating disability symptoms to claim benefits.
  • Failing to report health improvements.

If you are accused of disability benefit fraud, legal representation is essential to challenge the allegations effectively.

Benefit Overpayments and DWP Overpayments

You may receive a letter about a DWP overpayment or Local Authority overpayment. While this is not always fraud, it can be linked to a fraud investigation. Many overpayments result from DWP miscalculations, making it essential to challenge and reduce the overpayment amount.

Overpayment recovery is complex, and seeking legal assistance is crucial, particularly if dealing with PIP overpayments, ESA overpayments, or tax credit overpayments. A solicitor can dispute the overpayment if you believe:

  • The calculation is incorrect.
  • There were valid reasons for the overpayment.

Housing Benefit Fraud Allegations

Common accusations of Housing Benefit fraud include:

  • Failing to report changes in circumstances.
  • Providing false information about income, savings, or household members.
  • Claiming benefits for a property you no longer live in.
  • Under-declaring rental income or misrepresenting tenancy agreements.

Contrived Non-Commercial Tenancies

A contrived non-commercial tenancy is when a tenancy agreement is set up solely to claim Housing Benefit, without the genuine intention of a commercial landlord-tenant arrangement. This may include:

  • Renting from close family members while still residing as a household.
  • Artificially inflating rent payments to claim higher Housing Benefit.
  • Having a tenancy where the landlord has no expectation of rent actually being paid.
  • Making backdated tenancy agreements solely to claim benefits.

Local authorities investigate such cases rigorously and may revoke Housing Benefit claims or initiate fraud proceedings if a tenancy is deemed non-commercial.

If accused of housing benefit fraud, legal support can help prevent criminal prosecution and benefit sanctions.

Consequences of Benefit Fraud

Benefit fraud can lead to severe penalties, including:

  • Civil penalties (financial fines).
  • Benefit reductions or suspensions.
  • Prosecution in Magistrates’ or Crown Court.

Some benefits, such as Universal Credit (UC) and Jobseeker’s Allowance (JSA), are sanctionable benefits—meaning they can be reduced or stopped if fraud is proven.

What to Do If You Are Under Investigation

If you receive a DWP overpayment letter or are asked to attend an Interview Under Caution, do not panic. Follow these steps:

  1. Seek legal advice immediately.
  2. Do not attend the interview alone—have a solicitor present.
  3. Gather evidence to support your case.
  4. Respond promptly to all correspondence from the DWP or local authority.

Expert Legal Representation in Benefit Fraud Cases

With over 20 years of experience in welfare benefits law, I specialise in:

  • Benefit fraud appeals at the First-Tier Tribunal and Upper Tribunal.
  • Defending clients in DWP investigations and Interviews Under Caution.
  • Challenging overpayment claims and miscalculations.

Legal aid is no longer available for welfare benefits appeals, but I offer fixed-fee services to ensure accessible legal support.

If you are facing DWP fraud allegations, benefit overpayment issues, or a fraud investigation, get in touch today by calling or using the contact form below for expert legal assistance.

 

How to find us

London Office

Scott-Moncrieff & Associates Ltd Solicitors
Temple Chambers
3-7 Temple Avenue
London
EC4Y 0HP
Office: 0203 9729011
DX 116 LD
www.scomo.com

Leicester Office

Scott-Moncrieff & Associates Ltd Solicitors
New Walk House
108 New Walk
Leicester
LE1 7EA
Office: 0203 9729011