The 16 benefits that bizarrely 'can't be stopped or reduced' if you commit benefit fraud

Benefit payments can be reduced or stopped for up to three years and individuals may even incur a £5000 penalty fine if convicted of benefit fraud.

Worried single mother holding baby boy in her lap

If you are convicted of benefit fraud, you will be required to repay any overpaid money (Image: Getty)

Across the UK, more than 20 million people claim benefits or the State Pension from the Department for Work and Pensions (DWP).

When the DWP suspects potential fraud, it initiates an investigation to determine if individuals are attempting to defraud or ‘scam’ the system.

Benefit fraud is defined by the DWP as obtaining state benefits to which one is not entitled to or deliberately failing to report significant changes in personal circumstances.

The most common form of benefit fraud is when a person claims unemployment benefits while working, or claimants stating that they live alone while receiving financial support from a partner or spouse.

It is a serious offence that can lead to a criminal investigation into the allegation against you.

For those that are suspected of benefit fraud, they will be contacted by the Department for Work and Pensions (DWP), HM Revenue and Customs (HMRC), the Defence Business Services or your local authority.

During an investigation, your benefits may be suspended. You might also be visited by Fraud Investigation Officers (FIOs) or asked to attend an ‘interview under caution’, which is a formal interview, often recorded, discussion about your claim.

FIOs will gather facts about your case and decide whether to take further action.

If you are found guilty of benefit fraud, you will likely be required to repay any overpaid money.

In addition, court action may also occur and this can result in a penalty fine being issued, typically ranging between £350 and £5,000.

Convictions can also lead to benefits being reduced or stopped for up to 3 years, depending on the severity and frequency of the fraud.

Benefit fraud investigator discusses fraudster claiming over £50k

Interestingly, certain benefits are classified as ‘non-sanctionable’, meaning they cannot be reduced or stopped, even if fraud is committed.

These benefits include:

  • Attendance Allowance

  • Bereavement Support Payment

  • Child Benefit

  • Child Tax Credit

  • Christmas Bonus

  • Disability Living Allowance

  • Graduated Retirement Benefit

  • Guardian’s Allowance

  • Industrial Injuries Constant Attendance Allowance (where a Disablement Pension is payable)

  • Industrial Injuries Exceptionally Severe Disablement Allowance (where a Disablement Pension is payable)

  • Personal Independence Payment

  • State Pension

  • Social Fund Payments

  • War Pension Constant Attendance Allowance

  • War Pension Exceptionally Severe Disablement Allowance

  • War Pension Mobility Supplement

If you are concerned about a current or future DWP investigation, it is advisable to seek advice and guidance from a legal adviser or solicitor could help. Additionally, Citizen’s Advice offers support and information for those in need.

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