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 Interviews

Understanding Benefit Fraud Interviews and Legal Assistance

What is Benefit Fraud?

Benefit fraud occurs when an individual deliberately provides false information or fails to report changes in their circumstances to claim benefits they are not entitled to. This includes Universal Credit fraud, such as failing to declare a partner living with you while claiming as a single person.

If you are suspected of benefit fraud, the Department for Work and Pensions (DWP) may invite you to a fraud investigation interview. Benefit fraud is a criminal offence and can result in severe consequences, including a criminal conviction, benefit overpayment recovery, or even a custodial sentence.

 

The Benefit Fraud Investigation Process

If the DWP suspects fraudulent activity, they may request that you attend an interview under caution (IUC). This process typically begins with a letter from benefit fraud investigators or local council officers.

The letter will inform you that:

  • The interview will be conducted under Police and Criminal Evidence Act (PACE) regulations.
  • It will be tape-recorded.
  • You have the right to seek legal advice before attending.

This DWP interview under caution is designed to gather evidence for a possible prosecution. Ignoring this invitation can make it harder to defend yourself later. If you are wondering how to know if Universal Credit is investigating you, receiving an interview invitation is a clear indication.

Additionally, understanding what happens when you report a benefit cheat is essential. Once a report is made, the DWP investigates and may take legal action against the accused.

 

Preparing for a DWP Interview

Do Not Attend Alone

It is highly recommended that you do not attend an interview under caution without legal representation. A friend or relative accompanying you cannot assist during the interview. However, if you have special needs, you can request an Appropriate Adult for support.

Do Not Communicate with the DWP Directly

Upon receiving the interview letter, do not discuss your case with the DWP before obtaining independent legal advice. Having a solicitor is crucial to protect your rights.

Be Prepared for DWP Interview Questions

The Counter Fraud and Compliance Directorate (CFCD) investigators will ask questions about your benefit claims and financial situation. These questions are designed to assess whether any fraudulent activity has taken place.

 

Legal Representation and Your Rights

A solicitor can request prior disclosure of the evidence against you. While they may not receive all details, they must be provided with enough information to offer appropriate legal guidance.

Depending on your case, your solicitor may advise you to:

  • Answer questions fully.
  • Provide a written statement instead of answering questions.
  • Exercise your right to remain silent.

Investigators will ask about your understanding of benefit rules, any potential omissions, and whether you believe you have done anything wrong. If new evidence emerges during the interview, your solicitor can pause the interview to reassess your legal position.

Understanding what evidence the DWP needs to prosecute can help you better prepare for the interview.

 

Consequences of Benefit Fraud

After the interview, the DWP will decide whether to:

  • Issue a warning.
  • Stop your benefits.
  • Require repayment of overpaid benefits.
  • Prosecute you in court.

The consequences of benefit fraud can be severe, including criminal charges, financial penalties, and benefit reductions. You may receive a letter stating that your benefits have been stopped due to overpayment.

Many wonder, how many benefit fraud cases go to court? While most cases are resolved without prosecution, serious offences or those involving large sums are more likely to proceed to court.

For those facing benefit fraud prosecution, the penalties can be significant, including a criminal record or imprisonment. The DWP also imposes benefit reductions as a penalty, which can severely impact your financial stability.

 

Appealing Benefit Decisions and Overpayments

If your benefits are stopped or you are asked to repay an overpayment, you have the right to appeal. It is advisable to challenge any overpayment decisions, as errors are common.

How to Appeal a Benefit Decision

  • You must submit an appeal within one month of the decision.
  • Late appeals (within 13 months) may be accepted if you provide valid reasons.
  • Even if you agree to repay an overpayment, you may still be prosecuted.
  • Appealing ensures that you only repay what is legally required.

A solicitor can also request that your tribunal hearing takes place before a criminal trial, potentially reducing the severity of penalties.

Understanding sanctionable benefits—benefits that can be reduced or stopped if fraud is detected—can help you plan accordingly.

 

Seeking Expert Legal Advice

Welfare benefits law is highly complex, and making mistakes can be costly. If you are facing allegations of benefit fraud, obtaining expert legal advice as early as possible is crucial.

How I Can Help

I provide legal representation for:

  • DWP interviews under caution
  • Welfare benefits tribunals
  • Appeals against benefit decisions

With over 20 years of experience, I am one of the few solicitors in the UK specialising in welfare benefits law. I represent clients across England, offering consultations via phone, email, Zoom, or Microsoft Teams. Face-to-face appointments can be arranged if necessary.

As legal aid is no longer available for welfare benefits appeals, I offer a fixed-fee service, ensuring transparency with no hidden costs.

My services are provided through Scott-Moncrieff & Associates Ltd Solicitors, a national legal firm. For more information, visit the Benefit Fraud Appeals Page.

Get Help Today

If you are accused of benefit fraud or under DWP investigation, do not delay. Seeking immediate professional legal advice can significantly impact the outcome of your case.

For a free initial consultation please call or complete the contact form today.

 

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